Prescribed burns, also called controlled burns, are essential for managing land, reducing wildfire risks, and promoting healthy ecosystems. However, one critical question persists: Are you liable for prescribed burns? If a burn escapes or causes damage, the financial and legal consequences can be significant. In this article, we explore prescribed burn liability, share real-world examples, and highlight how Conservation United’s specialized insurance provides a solution for landowners and burn managers.
What Is Prescribed Burn Liability?
Prescribed burn liability refers to the legal responsibility for damages or injuries caused by a controlled burn, such as property damage, bodily injury, or smoke-related issues. Liability depends on local laws, adherence to regulations, and whether negligence occurred. Here’s how it typically works:
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Simple Negligence States (e.g., California): You may be liable if you fail to exercise reasonable care, such as not obtaining permits or preparing a burn plan. An escaped fire due to negligence could lead to lawsuits.
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Gross Negligence States (e.g., Texas): Liability is limited unless gross negligence or intentional misconduct is proven. Following state guidelines and working with certified burn managers can minimize risks.
Understanding your state’s laws is crucial to managing liability risks effectively.
Real-World Examples of Prescribed Burn Liability
To illustrate the risks and outcomes, here are three examples:
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Negligence in Oklahoma: A landowner conducts a prescribed burn without a written burn plan, violating state regulations. The fire escapes, damaging a neighbor’s property. Due to negligence, the landowner faces a lawsuit. A proper burn plan and equipment could have prevented liability.
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Successful Burns in the Great Plains: A 1995–2012 study of 1,094 prescribed burns across nearly 500,000 acres reported only 16 escapes, with no insurance claims or lawsuits. Adhering to protocols, like using certified burn managers, ensured safety and limited liability.
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New Mexico 2022 Wildfire: Embers from a prescribed burn sparked one of New Mexico’s largest wildfires, causing extensive property damage. This rare incident highlighted the need for robust insurance, as standard policies often exclude coverage for escaped fires.
These cases show that while prescribed burns are 99.1% safe (based on a study of 23,050 burns), proper planning and insurance are critical to managing risks.
Why Is Prescribed Burn Insurance Hard to Find?
The rise in wildfires and high-profile burn escapes has made insurers wary. Many providers have stopped offering prescribed burn coverage or charge exorbitant premiums—sometimes $100,000 annually for $1 million in coverage. This leaves landowners, nonprofits, and small businesses struggling to afford protection, with some abandoning prescribed burns altogether.
Conservation United’s Prescribed Burn Insurance Solution
Conservation United, a trusted brokerage specializing in environmental and nonprofit sectors since 2015, offers a nationwide prescribed fire insurance program tailored for landowners, burn managers, prescribed fire councils, and conservation organizations. Their coverage addresses the unique risks of prescribed burns, providing peace of mind and financial security. Key features include:
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Liability Protection: Covers legal costs, settlements, or judgments for property damage or injuries.
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Escape Fire Coverage: Protects against damages from fires that spread beyond intended boundaries.
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Property Damage Coverage: Includes structures, equipment, or other assets affected by the burn.
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Medical Expense Coverage: Pays for injuries sustained during the burn.
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Fire Suppression Reimbursement: Covers costs for emergency response or suppression efforts.
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No Hostile Fire Exclusion: Unlike many policies, Conservation United’s coverage doesn’t exclude uncontrollable fire spreads, ensuring comprehensive protection.
With nationwide availability, their program supports clients in high-risk areas making prescribed burns safer and more accessible.
How to Minimize Liability Risks
To reduce liability, follow these best practices:
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Obtain Permits: Ensure compliance with state and local regulations.
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Create a Burn Plan: Develop a detailed plan outlining safety measures and contingencies.
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Hire Certified Burn Managers: Work with professionals trained in prescribed fire management.
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Secure Insurance: Partner with providers like Conservation United for tailored coverage.
Conclusion
Prescribed burns are a powerful tool for land management, but liability risks can’t be ignored. By understanding local laws, following safety protocols, and securing specialized insurance from Conservation United, you can protect yourself from financial and legal fallout. For more details on their prescribed fire insurance, contact one of their experienced staff members at 855-570-2797.
