LIABILITY
All prescribed burns and other activities promoted and coordinated by the Mt. Adams PBA are governed by legal agreements outlining liability and responsibility.
To become a MAPBA member, you must read and sign the Mt. Adams PBA Memorandum of Agreement, which includes the liability guidelines summarized on this page.
PBA RULES
For all PBA activities:
Landowners, hosts, and participants are responsible for their own actions and accept any risks and costs (like injuries, damages, or legal fees) that come from their actions.
As a landowner, host, or participant in the activity, 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.
For PBA prescribed burns:
As a landowner, host, or participant, you will still agree to waive any claims against other burn 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/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 during a 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.
As a landowner, host or participant, it is your responsibility to thoroughly check all borrowed equipment before you use it. Use of shared equipment is at your own risk and you agree to indemnify MAPBA (or any of its members lending equipment) from damages caused by faulty equipment.
WASHINGTON RULES
When it comes to prescribed fire liability, Washington is a “simple negligence state”.
If a prescribed fire on your land gets too big for you to handle and the Washington Department of Natural Resources or local fire district must respond, you (the landowner) can be held liable for the fire suppression costs, in addition to any third-party damages (e.g., burning a neighbor’s fence). 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.
Watch the webinar linked here for a great introduction to prescribed fire liability in state law.
MANAGING RISK & LIABILITY
Prescribed burning carries inherent risk. However, over 99% of prescribed burns go to plan, and the Mt. Adams PBA is here to help maintain that statistic.
You can reduce your risk and liability by:
Writing and following a thoughtful burn plan.
Engaging with the PBA to recruit experienced personnel, volunteers, and equipment for your burn. You can also utilize the PBA to review your burn plan.
Informing all relevant parties (local fire authorities, neighbors, etc.) about where and when you’ll be burning. Start communication EARLY in the process.
Making sure you have been issued all necessary permits.
Setting up your property for success via site prep.
Documenting all that happens on burn day.
Bottom line: be responsible, and document that you were responsible.