Civil liability

(a) A prescribed burning conducted in compliance with this subchapter is in the public interest and does not constitute a public or private nuisance. (b) A landowner or a landowner's agent who conducts a prescribed burning in compliance with this subchapter is not liable in a civil action for any damage or injury caused by a fire in the prescribed burning, including without limitation the reignition of a smoldering and previously contained fire or resulting from smoke, unless the claimant proves by a preponderance of the evidence that the claimant suffered damages as a result of negligence by the landowner or the landowner's agent in planning, implementing, or conducting the prescribed burning. Added by Act 2023, No. 695,§ 1, eff. 8/1/2023. (a) A prescribed burning conducted in compliance with this subchapter is in the public interest and does not constitute a public or private nuisance. (b) A landowner or a landowner's agent who conducts a prescribed burning in compliance with this subchapter is not liable in a civil action for any damage or injury caused by a fire in the prescribed burning, including without limitation the reignition of a smoldering and previously contained fire or resulting from smoke, unless the claimant proves by a preponderance of the evidence that the claimant suffered damages as a result of negligence by the landowner or the landowner's agent in planning, implementing, or conducting the prescribed burning. Added by Act 2023, No. 695,§ 1, eff. 8/1/2023.