A forest fire, also known as a bushfire or vegetation fire, is an uncontained fire that occurs in a natural environment which may burn forest lands, grasses, leaves, weeds, piles of debris, or any other materials that make up a natural landscape.
Forest fires often spread as a result of environmental conditions, such as the topography of the land and wind. However, forest fires are often caused by human error, such as a failure to put out a campfire or creating a campfire in an area where the use of campfires is illegal due to the high risk of forest fire. Forest fires may even result from combustion and heat from the surface.
In some cases a forest fire may burn, or threaten to burn structures, such as residential homes. In most cases a forest fire is completely preventable by following safety guidelines. However, numerous individuals still create illegal campfires in areas that are at high risk of forest fires. As such, those individuals pose a risk of harm to those near the forest, and may be held criminally and civilly liable for their negligent actions.
What Is a Wildfire?
A wildfire is an uncontrolled and destructive fire that occurs in the wilderness. According to the Code of Federal Regulations (“CFR”) a wildfire is defined as any fire that is started by an unplanned ignition that is cause by:
These fires can occur in natural areas such as forests, grasslands, or prairies. Here are some legal definitions of a wildfire:
- Lightning;
- Volcanoes;
- Any other acts of nature;
- Unauthorized activity, such as an illegal campfire or fireworks;
- Accidental, human-caused actions; and/or
- An escaped prescribed fire that develops into a wildfire.
Once again, although natural causes like lightning can start wildfires, most wildfires are caused by humans actions, which are either accidental or intentional. For instance, a wildfire may be caused by arson or by a careless individual throwing lit cigarettes into dry brush areas.
According to the United States Forest Service, in 2022, there were 66,255 wildfires reported in the United States. The wildfires burned a combined total of 7,534,403 acres, making it the 11th most extensive wildfire season in terms of acreage. On average, each wildfire consumed approximately 113.72 acres.
Because of the impact of wildfires on ecosystems, communities, and natural resources, wildlife management and prevention efforts are taken very seriously. This includes possible legal consequences for humans that cause a wildfire to start.
If My Property is Damaged in a Wildfire, Can I Sue?
In short, it depends. Whether or not an individual can sue if a wildfire damages their property will depend on the circumstances of how the wildfire was started. An individual whose property is damaged by a wildfire may be able to sue another responsible party under the legal theory of negligence, if there is an identifiable party that started the wildfire that resulted in them suffering damages.
In order to prevail on a claim based upon negligence, the plaintiff (i.e. the party that is alleging they were harmed), is generally required to demonstrate the following:
- That the perpetrator of the fire had a duty of care to the plaintiff.
- In general, all persons owe a duty to other persons to exercise reasonable caution and prudence by refraining from actions that may result in the harm of others;
- That the perpetrator breached that duty.
- This means that the perpetrator failed to live up to their duty and did not exercise caution or act prudently;
- That the perpetrator’s breach of duty was the direct cause of the plaintiff’s injuries;
- The perpetrator must have been able or should have been able to foresee that harm would occur due to their actions; and
- As a result of the perpetrator’s actions, the plaintiff suffered quantifiable damages.
For example, if there are a group of campers that are camping in an area where there is a fire ban or an area that does not allow for campfires, and they decide to smoke cigarettes or use a small oil based lantern, if the lantern spills when it is not being monitored or the cigarette fails to go out and results in a fire, then they may be sued for their negligent actions.
Are There Any Other Causes of Actions I Can File Against the Perpetrator?
In short, yes, there are other causes of action that a person may be able to file against an individual that caused a forest fire. For instance, continuing the above example, if there are a group of campers that are camping in an area where there is a fire ban or an area that does not allow for campfires, the intentional act of lighting a fire will be considered to be a tortious action.
As such, if that action leads to a forest fire starting, and results in harm to others, either physically harming them or by harming their property, then those responsible for the fire may be sued for the damages suffered by the parties that were harmed.
In this case, the plaintiff would sue the perpetrator under an intentional tort theory. Intentional torts are actions that are committed with the intent to harm or the knowledge that their conduct is likely to cause harm to another individual. In other words, the individuals that lit a fire in an area with an active fire ban, should have known that their actions may result in harming others.
How Is Guilt in a Forest Fire Case Determined?
In the case of a plaintiff suing a party that has allegedly caused them an injury, the plaintiff will have the burden of proving their civil claim. It is important to note that the exact elements required to hold a defendant liable for their actions will depend on the laws of the state in which the injury occurred or the plaintiff brings their lawsuit.
In general, the facts of the case will be presented to a civil court judge or a jury of the plaintiff and defendant’s peers for a determination on whether the plaintiff has met their burden. Then, if the defendant is found to be liable for the plaintiff’s injuries, the court or jury will then determine the amount of damages that the defendant must pay the plaintiff.
In addition to civil liability, an individual that starts a forest fire may also be held criminally liable. Once again, because of the potential damage to lives, property, and natural resources, a person that recklessly or negligently starts a forest fire may face severe criminal penalties.
For instance, in the state of California Individuals who recklessly set fire to or burn any structure, forest land, or property can be held criminally liable. Further, if the fire results in great bodily injury, the individual could receive a felony charge, and if convicted could face up to six years in prison, as well as be ordered to reimburse the cost of the fire.
In Texas, recklessly starting a fire is a state jail felony, which if convicted the defendant could face imprisonment of between two to ten years in prison. In Washington, it is illegal to negligently allow a fire started on your own property to spread onto another person’s property. If convicted, individuals can face imprisonment and criminal fines.
In order for a person that is charged with negligently or recklessly causing a forest fire to be found guilty, the state or federal prosecutor must prove each and every element of the crime beyond a reasonable doubt. Once again, the exact elements for a crime will be dependent on the laws of the state in which the criminal act occurred.
Do I Need a Lawyer for Help With a Forest Fire?
If you suffered damages as a result of a forest fire that was caused by another party, it may be in your best interests to consult with an experienced personal injury lawyer. An experienced personal injury lawyer will be able to help you determine the party that is responsible for your damages.
Additionally, an attorney will also be able to help you gather the evidence necessary to prove your civil case, and initiate the civil lawsuit against the party responsible for your damages. Finally, an attorney will also be able to represent you in court, as necessary.
If you are facing criminal charges for your involvement or alleged involvement in a forest fire, it is in your best interests to immediately consult with an experienced criminal defense attorney. An attorney can advise you of your legal rights and any legal defenses that may be available in your specific case. Additionally, an attorney can also represent you at any in person criminal proceeding and help guide you through the complicated legal process.
