Wildfire prevention is important. Hot and dry weather promotes wildfires, which destroy thousands of acres and buildings annually. Because more wildfires are occurring. expenses associated with wildfires are increasing. As a result, State and Federal agencies are filing more lawsuits to recover the costs.

One of the joys of living in Southeast Missouri is access to the Mark Twain National Forest. The forest contains 1.5 million acres across 29 counties in Missouri and has a wide range of popular recreation opportunities. The forest trails are available for hiking, horseback riding, mountain biking, and motorized use. Natural attractions like Current River and Big Spring are located in the forest. A lot of these jewels could be damaged or destroyed in an instant from wildfire. A 15 acre wildfire started in Missouri earlier this year by someone shooting tracer rounds at a Missouri Department of Conservation target range. Officials estimate the cost to put out the fire at $2,500.00.

$25,000,000 in Damages for Failing in Wildfire Prevention

A more serious wildfire resulted in a lawsuit in California. The US Forest Service filed suit against a property owner seeking almost $25 million in compensation for damages from a 2013 wildfire. Government officials allege that negligence in maintaining an electrical box on the property caused the wildfire. The wildfire burned 27,531 acres, including 15,535 acres of US Forest Service lands in the San Bernardino National Forest. Additional damages included 23 destroyed buildings. State and Federal agencies required 260 engines, 20 helicopters, 12 fix wing aircraft, and 3500 firefighters to bring the wildfire under control.

The US Attorneys office stated that property owners and their agents are responsibile to ensure that property under their control is maintained in a safe fashion. Because the property owner failed to correct the electrical issue, the lawsuit alleges negligence in allowing the wildfire to start.

Missouri Law Imposes Criminal Liability for Wildfires

Missouri law is similar to California law in this regard. You can be criminally liable under Missouri law due to causing a wildfire. Section 569.067 RSMo., provides:

1. A person commits the crime of negligently setting fire to a woodland, cropland, grassland, prairie or marsh when he with criminal negligence causes damage to a woodland, cropland, grassland, prairie or marsh of another by starting a fire.
2. A person commits the crime of negligently allowing a fire to escape when he with criminal negligence allows a fire burning on lands in his possession or control to escape onto property of another.
3. Negligently setting fire to a woodland, cropland, grassland, prairie or marsh or negligently allowing a fire to escape is a class B misdemeanor.

Pursuant to Missouri law, a criminally negligent act is one that is not intentional, but that occurs because the actor fails to exercise reasonable care.

If property is damaged, many criminal plea deals require restitution to be paid to the victim. Like the California lawsuit, restitution amounts can be enormous. As a result, wildfire prevention is critical for individuals and rural utilities seeking to avoid exposure to large restitution amounts.

Wildfire prevention requires proper planning and thorough due diligence when outside during hot and dry weather. If a lawsuit or criminal charge arises, our lawyers can provide informed and aggressive representation.

We focus on providing value to every client. As a result, our firm offers high-quality representation at competitive rates. Contact us or call us at (573)686-2459 to discuss your legal matter.