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