When Fire Backfires

Controlled burns and field fires are part of farm life. But when flames or smoke drift beyond your fence line, you could be on the hook for major damages.

- John J. Schwarz

Fire has long been used to dispose of old buildings, fallen or felled trees, brush, and trash. Controlled burns are often used to clear overgrown pastures, ditches, and fencerows.

Some states and counties restrict open burning, and regulations may change as fire risk fluctuates. Check with your county’s public works or emergency management department or your local fire department about the rules in your area.

Even if you follow regulations and safety guidelines, a controlled burn can get out of hand and damage adjoining properties. Often, the person who owns or controls the land where the fire started can be held liable for damage caused by their negligence.

What Is Negligence?

In this instance, negligence means the landowner failed to exercise reasonable care to prevent the fire from spreading. Perhaps they performed an open-air burn during high wind or drought, or they lacked adequate fire suppression measures.

If you start a fire that gets out of control and damages an adjacent property, the neighbor may claim negligence on your part, and your fate rests with a judge or jury.

• The takeaway: When planning a burn, be mindful of conditions and the likelihood of the fire spreading, and have fire suppression resources on-site. Otherwise, you are likely to be held responsible for damage to surrounding property.

Smoke Damage

A fire’s thick, noxious smoke can damage property and health. According to many state laws, liability for smoke-related damage arises when the fire is caused by negligence or unreasonable use of property.

Negligence may include irresponsibly started or managed fires, or those caused by careless accumulation of combustible materials.