Prescribed burning: liability and insurance considerations
Document Type: Fact Sheet / Brief / Bulletin
Author(s): Morgan L. Russell; Tiffany D. Lashmet
Publication Year: 2017

Cataloging Information

  • insurance
  • liability
  • Texas
Record Maintained By:
Record Last Modified: January 7, 2019
FRAMES Record Number: 57043


Throughout Texas, prescribed burning is a popular grassland management tool you can use to manage invasive brush and rejuvenate native, perennial grasses. These burns, when conducted carefully, can be used to maintain and restore native grasslands, control weeds, improve forage quality, and even prevent wildfires. However, when not conducted in a careful manner, disaster can strike and damage can be severe and far-reaching. Anyone that contemplates using prescribed burning must consider their potential liability if the burn causes injury or property damage. Landowners should know all the requirements of prescribed burning statutes in their state—these statutes generally offer limited liability if requirements are met. Two of the key requirements for Texas’ limited liability statute involve insurance coverage and who conducts the burn.

Online Link(s):
Link to this document (4.2 MB; pdf)
Russell, Morgan L.; Lashmet, Tiffany D. 2017. Prescribed burning: liability and insurance considerations. ERM-035. Texas A&M AgriLife Extension. 6 p.