Lawsuit filed on behalf of Paradise fire victims

The AVA Law Group from Billings has entered into a contract with victims of the River Road East fire. More than 13 plaintiffs will be represented in a lawsuit against the defendants, Montana Rail Link, Inc. and Burlington Northern Santa Fe Railway Company. According to Ava Law, the trial will be held in the United States District Court for the District of Montana, Missoula Division.

“Several of our clients have lost everything they owned. Their homes. Their belongings,” Teague Westrope of AVA Law Group said. He added that whichever railway is responsible for the fire owes his clients a debt which might never be considered completely repaid.

Information from AVA Law states that MRL leases and is responsible for the maintenance of the railway tracks, and both MRL and BNSF operate trains on the railway tracks. Upon information and belief, a train passed upon the railway tracks within minutes of the fire starting.

Furthermore AVA Law reports a witness to the starting of the fire next to the railroad has given testimony to the event. Traveling on River Road East on August 18, the witness observed the fire burning in one tree located within a couple dozen feet of the railway tracks. The witness said a crew of railway men were standing near the fire and recording it on their cellphones. The men did not appear to have fire suppression equipment with them and were not attempting to extinguish the fire, and the witness told AVA Law that, “an MRL or BNSF service truck was on the railroad tracks. No first responders from the local, state or federal government had yet arrived at the scene.”

“From gathered information, available to date, it is the preliminary opinion of the plaintiffs’ expert that the fire was more likely than not caused by railway activities,” AVA Law stated. Either MRL or BNSF or both owe plaintiffs and others similarly situated a duty of ordinary care in their undertaking of railway activities on the railroad tracks on August 18, 2023. From the preliminary reporting conducted by the Sanders County Sheriff’s Office, 13 to 15 primary residents and at least 55 additional structures were destroyed by the fire. Upon information and belief, more than 50 private property owners may have suffered damage or destruction of their real or personal property because of the fire, according to AVA Law.

The degree of ordinary care owed to the plaintiffs, as a result of the August 18 fire caused by MRL and/or BNSF, was proportional to the danger, the AVA Law document states. In other words, the potential to cause a wildland fire that risked lives and property required either MRL or BNSF to exercise extraordinary care in their understanding of railway activities on the railway tracks on August 18, 2023. This information presumed negligence against MRL or BNSF under Montana law, the AVA lawsuit document stated. BNSF and MRL did not offer any comments to these charges upon request.

AVA Law has retained an expert in fire origin and cause investigations. This expert is a coauthor of the National Wildfire Coordinating Group’s Guide to Wildland Fire Origin and Cause Determination. It is the go-to guide for federal, state, and international fire investigation agencies, the lawsuit confirmed. Counsel has also retained a damages expert who specializes in forest ecology and reforestation. Plaintiff’s counsel has the resources to retain further liability and damages experts, as per AVA Law documentation.

Andrew Van Arsdale of AVA Law Group, PLLC, said their mission as a legal team is to advocate for the rights of those who have been injured or wronged and seek accountability and justice. Find out more at http://www.AVALaw.com/MT.