Resistance to the use of prescribed fire is strong among many private land managers despite the advantages it offers for maintaining βire-prone ecosystems. Often, managers who are aware of the benefits of using prescribed fire as a management tool avoid using it because of fear of liability for damages that may result from an escaped fire or smoke. In the United States, state open burning statues define the standard of care owed to the public by burners. In a lawsuit, a burner will be found liable for damages resulting from their fire or smoke if they have not met the standard of care prescribed by their state statute. If a state has not developed a statute specifically related to open burning or prescribed burning, judges will apply the standard of care established by previous prescribed burning cases in their state. Three different standards of care have emerged for prescribed fire practitioners: strict liability, simple negligence, and gross negligence.