Liability of Using Prescribed Fires on Forestlands and State Legislation Evolution

Escalating wildfires on forestlands in recent years have resulted in statutory changes in redefining the liability for landowners in using prescribed fires. This study summarized these reforms in recent years. While in some states there is still strict tort liability for damages from prescribed fires, eighteen states have reduced the liability burdens on landowners with simple negligence rules, and furthermore, four states with gross negligence rules. A multivariate ordered probit model across the fifty states was estimated to examine the factors that have influenced the retaining of certain liability rules in a state. Demand of prescribed fires from industrial and nonindustrial private forestland owners turned out to be the key driving force behind these statutory changes related to prescribed fires.