Legal Issues Surrounding Prescribed Burning

Prescribed burning (also called controlled burning) is a popular grassland management tool across the country. These burns, when conducted carefully, can serve to maintain and restore native grasslands, control weeds, improve forage quality and even prevent wildfires. When not conducted in a careful manner, however, disaster can strike, and damages can be severe and far-reaching.An important consideration for landowners considering the use of prescribed burning is their potential liability if the burn causes injury or property damage and to comply with any requirements included in prescribed burning statutes in their state.The legal approach to liability for prescribed burning varies by state. There are essentially three approaches: strict liability, ordinary negligence and gross negligence. This approach is the most concerning for the landowner conducting a burn. Under a strict liability approach, a burner is held liable for any injury or damage caused by an escaped fire, period.This standard does not take into account the reasonableness of the burner’s actions or any precautions taken to avoid injury. The mere fact that injury or damage is caused by a burn is sufficient for liability to attach.