Considerations For a Safe Campfire
Campfire Safety and Liability
Summer nights are ahead of us, and it’s prime time for socializing around a campfire. But before you pull out that marshmallow roasting stick, it’s important to understand the fire regulations in your area and what your home insurance will cover if something goes wrong.
If a campfire goes out of control and causes severe burns or other catastrophic injuries, liability becomes an immediate concern. Whoever was responsible may be held legally accountable. This may include landowners, campsite operators or individuals negligent in controlling the campfire. Occupiers’ liability plays a crucial role in these cases, holding property owners and occupiers responsible for maintaining safe conditions on their premises. If a person is injured due to hazardous conditions, such as they may have grounds for a claim against the occupier. This liability ensures that injured individuals can seek justice and compensation for their suffering, emphasizing the importance of safe environments for all.
Ontario law permits those injured to seek compensation through the legal system for their injuries, covering medical costs, lost income, pain and suffering, and any related expenses.
Ensuring Your Campfire is Legal
Before having a campfire in your backyard, you should first ensure that it is legal.
The Ontario government states that you do not need a permit to burn wood, brush or leaves as long as you follow certain guidelines. However, most municipalities have their own by-laws related to open-air burning. For example, while the province allows bonfires, the City of Toronto has banned all open-air burning, including bonfires, fire pits and outdoor fireplaces.
Other municipalities may allow open bonfires or may only allow fires contained to a certain area, such as fire pits or outdoor fireplaces. Some municipalities may allow open fires while others may require that the fire is covered.
To find your municipality’s fire by-laws, call your local government (town council or by-law enforcement) or search your municipality’s website. If fires are allowed in your area, you will likely be required to pay a small fee for a fire permit. A fire permit will usually expire at the end of the calendar year.
Fire restrictions can fluctuate with weather. It is important to check whether there is a fire ban in your area before starting a fire. Failure to comply with local by-laws and fire bans can result in substantial fines.
Ensuring Home Insurance Coverage
Once you have ensured that your campfire is legal and that you are following municipal regulations, it is important to notify your home insurance company that you have a fire permit and intend on having backyard fires. A fire pit may affect your insurance premiums since it can create more potential risks. If you do not tell your insurer about your outdoor fire pit, your insurance may not cover you for any damages caused by your backyard fire.
Keep in mind that your home insurance company will not cover damage for illegal fires, which is why it is so important to follow provincial and municipal regulations. For instance, if you start a backyard fire during a fire ban, your insurer could deny coverage.
If you are hosting a get-together around a fire, it is your responsibility to ensure your guests are safe. Ensure the fire is well-controlled. If you are serving alcohol, you might be held responsible for your guests’ actions while intoxicated. Be mindful of the alcohol you serve and monitor your guests’ intoxication level to prevent overservice.
If a guest is hurt on your property, it is important to assist the injured person and seek medical attention. Be sure to take photos and obtain the contact information of any witnesses. Lastly, notify your home insurance provider of the incident.
Those injured by campfires should familiarize themselves with their applicable insurance policies and plans. Accident benefits coverage is often included as part of automobile insurance policies in Ontario. Therefore, accident benefits may apply if an accident occurs while someone is transporting an injured party for medical treatment via motor vehicle.
Negligence plays an essential role in insurance matters. If it can be proven that someone responsible for a campfire was negligent – for instance, by not properly extinguishing it or leaving it unattended – then an injured party may have the basis to file a claim against the responsible party’s insurance policy to seek compensation.
Multiple parties may share liability! For instance, if a campfire was started in an unsafe or inappropriate location, both the responsible party and the property owners might share liability.
A guest injury could result in a lawsuit being commenced against you. If you are served with a Statement of Claim, it is important to forward it to your home insurance provider. Your insurer will hire a lawyer to defend you.
Sitting around a campfire with friends is the perfect Canadian summer night. However, before you invite people over to enjoy an outdoor fire, ensure that you follow these tips to protect yourself and your guests.
About the Authors
Liane is committed to representing individuals who have suffered serious personal injuries and to families who have suffered the losses of loved ones. Liane holds a Juris Doctor from the University of Windsor, where she received the Torkin Manes Cohen and Arbus award for combined academic achievement and service to the community, and the Charles J. Clark scholarship for academic excellence and involvement in community and volunteer activities. She was called to the bar in 2013.