Family speaks after settling fatal Encinitas bluff collapse case for $32M

SAN DIEGO (KGTV) — The families of three women who died
have reached a $32-million settlement.
The settlement is with the State of California, the City of Encinitas, and “condominium owners and managers.” The city will also make several safety changes as part of the settlement. That includes adding more signs warning about the dangers of unstable bluffs and more lifeguard training on bluff safety.
Dr. Pat Davis, who lost his wife, daughter and sister-in-law on August 2, 2019, did his best to bring ABC 10News back to that tragic day.
“It would take me a long time to kind of spell out what that day was like,” he said.
The day started as one of celebration. Elizabeth Charles, Davis’ sister-in-law, had just beaten breast cancer.
They were down at the beach, along with his wife, Julie, their daughter, Annie Clave, and a few other family members.
Around 3 p.m., tragedy struck. A bluff collapsed, killing his wife, daughter and sister-in-law.
“To see your wife die is one thing. To see your sister-in-law die is one thing,” Davis said, “but to see one of your children die is just a horrible experience that I still have not come to terms with.”
ABC 10News was there a year later when a different bluff collapsed at Stonesteps Beach, about a mile-and-a-half away.
“It’s not a question of if the bluffs are going to collapse again,” Davis said. “It’s when they’re going to collapse.”
Bibi Fell, an attorney for the family, said these hidden dangers have been known for decades. On Wednesday, ABC 10News followed through on their fight for safety upgrades, which led to more than $32 million settlement.
“The value of this case is astronomical, multitudes of what the settlement amount was. The settlement was, at the end, a compromise.”
The compromise includes a list of required changes, according to the statement released by Fell’s office:
Davis said these changes are long overdue. He’s made it a point to warn people on the beach of the potential risks ever since he lost his loved ones.
“Once or twice a month, I always go down to the beach,” he said. “I walk down the stairway, I look at different areas of the beach, and there always seems to be someone sitting against the bluff.”
Davis said he never cared about money because it wouldn’t bring his family back. He just cares about making sure no other family has to live with the same pain.
“A second tragedy like this, I mean, I’d like to be able to say, at least, that we tried,” he said. “We tried to alert people. We tried to make the city respond to our request to make the beaches safer.”
A spokesperson from California State Parks told ABC 10News that the state had paid $13.3 million for the full settlement.
Similarly, the City of Encinitas says its share of the settlement was $13.3 million, which was paid via the city’s excess insurance. The city says it is working with the Davis family on continued educational efforts for beachgoers.
“This is a tragic situation,” said Mayor Tony Kranz. “Bluff failures are a natural and unavoidable occurrence, so the city continues to do its best to educate and warn beach patrons to stay as far away as possible from the bluffs. In fact, the city’s ongoing public education and enhanced awareness efforts are dedicated to the memory of these families.”
The city’s press release says that the beaches are generally owned by the state, while bluffs and cliffs are privately owned, which explains why condo owners and managers were listed in the settlement.