Hawaiian Electric had used both private and public land to set up its power lines ' some of which was destroyed by the fires. Even if the damage caused by the utility's equipment was an accident, fire victims have the constitutional right to seek compensation for it if they can show that Hawaiian Electric was functioning like a government agency.

The legal argument, known as inverse condemnation, in which a property owner can sue the government for damages, is related to the constitutional process of eminent domain ' the power of a government to take private property for public infrastructure projects, and in return compensate the owner for it.

Using the legal shortcut, Maui property owners would be entitled to recover their losses without having to prove that the utility acted recklessly. In this case, Hawaiian Electric would be on the hook for damaged property.

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If this tactic succeeds Berkshire's utilities could be on the hook for damages even if there was no negligence. Maybe insurance companies could be held liable for losses they never covered. USA leads the world in innovation, not just in tech but also in litigation.