Legal Question in Personal Injury in Arkansas

Prescribed or controlled burning ,an ultra-hazardous activity?

Is a prescribed or controlled burn an ultra hazardous activity which results in absolute or strict liability when conducted by consulting forrestors that causes personal injuries to a passing motorist because smoke from the burn reduces visibility to zero and an automobile accident occurs.


Asked on 10/04/97, 1:02 pm

1 Answer from Attorneys

Joseph A. McDermott, III Attorney at Law

Negligent Burning

Here in Texas, a negligence standard applies. Dunno if the same is true in Arkansas. Am currently handling a case on behalf of a man whose place was burned out by a controlled burn being done on his neighbor's property that got out of control. Have a good expert who can effectively critique the safety precautions used in these situations.

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Answered on 10/05/97, 9:49 pm


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