Evaluate Liability. To encourage the use of prescribed fire many States, including Florida, have enacted legislation that changes common law liability. This legislation does two things:
Defines the level of negligence required to find liability (e.g. simple negligence or gross negligence)
Clarifies that the burden of proof is on the party bringing the lawsuit
However, this is not a free pass. They typically require:
Increased level of training and certification
Specific actions of a burn manager such as:
A visit from a NFPBA burn manager will help you with an assessment of your land and ideas about using prescribed fire.
For further information, please go to the resources section of our website and watch the Southern Fire Exchange video “Legal liability for prescribed fire accidents in the Southeast,” or view it here.