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Legal liability for prescribed burning has been and will be of significant importance to those engaged in this type of activity, In what situations will the prescribed burner be held pecuniarily liable? What factual scenarios denote non-liability? What are the statutory standards relating to legal liability? How do legislative mandates differ from state to state? Will simple negligence be the standard for the future, or is there a trend toward strict liability? The laws on prescribed burning will be compared and discussed in relation to current standards of conduct dictated by legislative enactments and court decrees. The course of conduct required by the law for prescribed burners will be discussed in relation to the reasonable prudent man standard for legal liability. Differences in civil and criminal liability will be examined. The employer-employee and employer-independent contractor relationships will be explored relating to prescribed fire activities. Future trends in legal liability will also be discussed for the landowner desiring to perform prescribed burning activities on his land. As our population grows and more pressure is placed on the land resource to produce more products from less land, some predictions will be made regarding landowner rights to engage in prescribed burning activites.
Cataloging Information
- air quality
- burning permits
- fire management
- fire protection
- land management
- liability
- smoke management
- water quality
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