Wildfire Liability Explained: Who Is Responsible When Fire Damage Occurs?

Quick Answer:

Wildfire liability determines who is legally responsible for fire damage, based on factors such as negligence, infrastructure ownership, and compliance with provincial and municipal fire safety standards.

Wildfire liability can be complex, especially when multiple parties, insurance policies, and jurisdictions are involved. As wildfires become more frequent and destructive across the Okanagan and BC Interior, businesses, municipalities, property owners, and utilities are increasingly asking the same question: who is legally responsible when fire damage occurs?

This article breaks down how wildfire liability works, common scenarios where responsibility is assigned, and how wildfire insurance claims typically come into play within the British Columbia legal landscape..

What Is Wildfire Liability?

Wildfire liability refers to legal responsibility for losses or damages caused by a wildfire. This can include property damage, environmental harm, business interruption, injuries, and, in severe cases, loss of life.

Responsibility is determined by factors such as negligence, compliance with safety regulations, ownership of land or infrastructure, and whether reasonable steps were taken to prevent or control fire risks. 

In British Columbia, these standards are largely governed by the BC Wildfire Act and the Wildfire Regulation, amongst other BC Wildfire Legislation. These laws establish specific fire safety responsibilities for anyone carrying out industrial activities or using fire on crown or private land. Always ensure you also check your local municipal regulations, like Kamloops’ Fire Prevention Bylaw.

Common Sources of Fire Damage Liability

Fire damage liability often depends on how and where a wildfire starts and whether preventable actions were ignored.

Typical sources include:

• Poorly maintained equipment or power lines
• Construction, industrial, or agricultural activities
• Improper debris burning or fire use restrictions violations
• Failure to manage vegetation or maintain defensible space

In many cases, investigations focus on whether a party failed to meet established safety standards or ignored known wildfire risks.

Business and Property Owner Responsibility

Businesses and property owners can be held liable if a wildfire originates on their property due to negligence or unsafe practices. This is particularly relevant for high-risk operations like farms and ranches or orchards where equipment use is frequent.

Liability risks may arise from:

• Lack of vegetation management
• Non-compliant building materials or fire protection systems
• Unsafe hot work or equipment use
• Failure to follow local fire codes or restrictions

Even when a wildfire originates elsewhere, property owners may face challenges navigating wildfire insurance claims if coverage limits or exclusions apply.

Municipal and Utility Liability

Municipalities and utility providers face increasing scrutiny around wildfire liability, particularly when public infrastructure contributes to ignition or fire spread.

Examples include:

• Power line failures or inadequate maintenance
• Poor land-use planning in high-risk zones
• Insufficient emergency response or evacuation planning

Courts often examine whether reasonable preventative measures (such as those outlined in a comprehensive wildfire risk assessment) were in place and whether public entities acted within accepted standards of care.

How Wildfire Insurance Claims Work

Wildfire insurance claims can be complicated by widespread losses, policy exclusions, and overlapping coverage issues.

Key considerations include:

• Policy limits for fire and smoke damage
• Coverage for business interruption and additional living expenses
• Timelines and documentation requirements
• Subrogation claims against responsible parties

In large wildfire events like those seen recently in the Okanagan, insurers may seek recovery from parties found liable, making accurate documentation and early legal guidance critical.

Reducing Wildfire Liability Risk

While wildfire risk cannot be eliminated, proactive steps can significantly reduce liability exposure.

Recommended actions include:

• Regular wildfire risk assessments
• Fire safety audits and maintenance programs
• Clear emergency and evacuation plans (essential for high-traffic sites, see our guide on campground wildfire  preparedness)
• Documentation of compliance with fire regulations

Demonstrating due diligence is often a key factor in limiting legal and financial exposure after a wildfire. Unsure how wel prepared your business is for a wildfire? Contact SPIEDR for wildfire consulting and training in Kamloops, the Okanagan, throughout British Columbia, or anywhere in Canada.

How Wildfire Liability Is Determined

Wildfire liability depends on where a fire starts, how it spreads, and whether reasonable precautions were taken. Understanding fire damage liability and how wildfire insurance claims are handled can help businesses and municipalities prepare for both the immediate impacts of wildfire and the long-term legal implications.

Disclaimer

The information provided in this article is for informational purposes only and does not constitute legal advice. Wildfire liability is a complex legal area governed by various provincial and federal laws, including the BC Wildfire Act. We recommend consulting with a qualified legal professional for advice specific to your situation or organization.

FAQ: Wildfire Liability