A bushfire starts on your property and spreads to your neighbours - are you liable for their losses?
A South Australian pastoralist, Tom Brinkworth, was found legally liable for a catastrophic bushfire that destroyed 14,000 hectares of land, 27 structures, and 7,000 livestock after a vegetation pile he lit in June 2020 reignited six months later in January 2021. The court ruled he was negligent for failing to follow South Australia’s Country Fire Service guidelines—specifically, not monitoring the pile, not turning it over to ensure it was fully extinguished, and not creating a fire break. This case underscores a key legal principle: if you light a fire, you’re almost inevitably responsible if it escapes, even after months. In contrast, a 2021 New South Wales case (Woodhouse) found no liability when the Rural Fire Service conducted a hazard reduction burn under strict protocols, showing that compliance with official guidelines can serve as a legal defense. The episode reveals a troubling legal imbalance: while the law encourages hazard reduction, it penalizes landowners who attempt it, creating a disincentive to act. Experts argue the system should be reformed to protect those who follow official procedures, ensuring that public safety efforts aren’t undermined by fear of liability. The discussion also explores broader liability issues, including power companies, firefighters, and urban fire response. Despite frequent lawsuits, fire services are almost never held liable due to statutory protections and the 'good faith' defense.
If you light a fire on your property, you're almost inevitably liable if it escapes—even months later—unless you strictly follow official fire safety guidelines.
Failure to monitor a vegetation pile, turn it over, or create a fire break constitutes negligence, even if the fire reignites long after the initial burn.
Compliance with official fire service protocols (like those from the CFS or RFS) is strong evidence of reasonable care—and should be a statutory defense, not just circumstantial evidence.
Fire services are almost never held liable for their actions during emergencies, even when their decisions cause collateral damage, due to legal protections in fire service legislation.
Landowners who do nothing about fire hazards are generally not liable if a fire spreads naturally, but those who attempt hazard reduction burns risk massive liability—even if they act in good faith.
…and 3 more takeaways available in PodZeus
The South Australian Bushfire Case: When a Pile Burn Turns Deadly
“If you light a fire, you are almost not guaranteed but almost inevitably liable for it if it escapes.”
Why a Fire Can Smoulder for Months
Despite the long delay, the court found it plausible that a large vegetation pile could remain smoldering for months due to deep internal combustion, supported by evidence from fire science and historical examples like the 6,000-year-old fire in NSW.
The Brinkworth Family's Lightning Defense and Why It Failed
The family argued lightning started the fire, but the court found the evidence implausible, rejecting the theory as neither probable nor plausible.
The Woodhouse Case: When Fire Services Are Not Liable
“They did everything they were meant to do. But a very low probability event occurred in the South Australian case. They just didn't follow the code.”
The Legal Shift from Strict Liability to Negligence
Historically, fire liability was strict, but the 1984 Bernie Port case shifted the standard to negligence—requiring proof of duty, breach, and causation.
“If you light a fire, you are almost not guaranteed but almost inevitably liable for it if it escapes.”
“So legally, the risk is probably in favour of doing nothing.”
“In Woodhouse's case they did everything they were meant to do. But a very low probability event occurred in the South Australian case. They just didn't follow the code.”
Host
Guest
Michael Eburn
person
Rural Fire Service
organization
Tom Brinkworth
person
Country Fire Service
organization
Damien Carrick
person
South Australian Court of Appeal
organization
ABC Radio National
organization
Woodhouse v Fitzgerald & McCoy
other
Black Saturday
other
2019 Cuddly Creek bushfire
other
Start discovering podcast insights today
Start with a 7-day trial and explore a growing catalog of popular podcasts. No credit card required.
No credit card required • 7-day trial • Cancel anytime