§ 425.11. Immunities
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 32 P.S. Forests, Waters and State ParksEffective: July 14, 2009
Effective: July 14, 2009
32 P.S. § 425.11
§ 425.11. Immunities
(1) No owner of property who contracts with or authorizes a prescribed burn manager to conduct or permit a prescribed burn on the property pursuant to the requirements of this act shall be subject to civil or criminal penalty for damage or injury caused by the fire or resulting smoke, unless negligence is proven.
(2) No prescribed burn manager who executes and acts in accordance with a prescribed burn plan that satisfies the standards and who has attained the qualifications for planning and conducting a prescribed burn in accordance with the standards shall be subject to civil or criminal penalty for damage or injury caused by the fire or resulting smoke, unless negligence is proven.
(3) No person who acts under the direction of a prescribed burn manager executing a prescribed burn plan that satisfies the standards and who has attained the relevant qualifications for participating in a prescribed burn in accordance with the standards shall be subject to civil or criminal penalty for damage or injury caused by the fire or resulting smoke, unless negligence is proven.
(b) Private actions.--In a private civil action arising from the conduct of a prescribed burn and damage or injury caused by the fire or resulting smoke, proof of compliance with the requirements of this act and the standards shall be admissible evidence that the duty of care for such activity has been met.
Credits
2009, July 14, P.L. 76, No. 17, § 11, imd. effective.
32 P.S. § 425.11, PA ST 32 P.S. § 425.11
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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