LIABILITY

Cascadia PBA is working with PBA’s, agencies, and legal experts across Washington and the West Coast to bring the most up to date information regarding prescribed for liability to our community members.  The PBA has legal documents drafted and reviewed by attorneys which are used for legal indemnification as described in this section.

PART 1: PBA RULES

All prescribed burns and other activities promoted and coordinated by the Cascadia Prescribed Burn Association are governed by comprehensive agreements governing liability and responsibility. Here's how these agreements will allocate liability. 

FOR ALL NON-BURN ACTIVITIES (INCLUDING SITE PREP)

Landowners, hosts, and participants are responsible for their own actions. 

  • As a landowner, host, or participant, you will agree to waive any claims against other participants for damage or harm caused to you, unless someone acts in a manner that involves gross negligence or willful misconduct. This means that if you're accidentally injured on a landowner's property, you agree not to sue the landowner unless the landowner showed gross negligence or willful misconduct. The same applies in reverse if you are the landowner and a participant accidentally damages something of yours. 

  • You will also agree to indemnify the other parties if your actions cause damage or harm to a third-party (such as an adjacent, non-participating landowner). This means that if a third-party brings a lawsuit against all participants for harm or damage you cause, then you will be responsible for defending all participants in the lawsuit and paying any damages. 

FOR PRESCRIBED BURNS

As a landowner, host, or participant, you will still agree to waive any claims against other participants for damage or harm caused to you, unless someone acts in a manner that involved gross negligence or willful misconduct. 

  • However, as a participant, the landowner or host will agree to indemnify you if your actions cause damage or harm to third-parties, unless you act in a manner that involves gross negligence or willful misconduct. This means that if the property of an adjacent, non-participating landowner is damaged in an escaped burn, you will not be responsible for defending the lawsuit or paying damages unless you act in a way that involves gross negligence or willful misconduct. CASCADIA PBA does not act as a burn boss. 

  • As a landowner, host or participant, it is your responsibility to thoroughly check all CASCADIA PBA-provided equipment before you use it. Use of shared burn equipment is at your own risk and you agree to indemnify CASCADIA PBA from damages caused by faulty equipment.

PART 2: STATE OF WASHINGTON  RULES

When it comes to prescribed fire liability, WASHINGTON is a simple negligence state. That means some states have stricter liability laws than we do, but some states have more forgiving laws (from the landowner's perspective). WASHINGTON is in the middle. 

If a prescribed fire on your land gets too big for you to handle and DNR OR LOCAL FIRE DISTRICT must respond, you can be held liable for the suppression costs. But only if it can be shown that you were negligent in some way. The negligence does not have to be gross or malicious --  small lapses will do. However, if you had a burn plan, especially if it was approved by WA DNR, and you did not deviate from that burn plan, you have a very good argument that you should not be held liable for suppression costs. 

YOU CAN REDUCE YOUR RISK OF LIABILITY BY:

Utilizing your local PBA

  • Always having a written burn plan

  • Letting local fire authority know when and where you'll be burning so nobody gets surprised; 

  • Notifying all your neighbors before the burn, you don't want your neighbors to be surprised when they see smoke. Remember, too much communication is always better than too little!

  • Checking all your equipment before you start burning -- and document that you checked it! 

  • Asking for help from more experienced folks 

  • Getting an air quality permit, when required. 

FAR LESS THAN 1% OF PRESCRIBED FIRES LEAVE THEIR FIRELINES

Most fires that do get  "outside their box" don't result in injury or structure loss. Notably, most fires that escape  and cause damage were burn piles, not broadcast burns. If you light a burn pile, know  that you are assuming the same responsibilities as if you light a broadcast burn. Bottom line: Be responsible and document that you were responsible.

Want to learn more?

If you find yourself with lingering questions or seeking more specific information, we're here to help. Please don't hesitate to reach out to us through the contact form. Whether you're a landowner, student, or simply curious about prescribed burns and wildfire management, our team is eager to share their expertise and guide you further in your understanding.