Prescribed fire is a land management practice used in many parts of the US The prevalence of burning varies widely across regions due to cultural, ecological, climatic and legal factors. A primary concern among private landowners is the liability associated with prescribed fire activities, with questions frequently raised about risk and safety. Understanding local and state laws that address liability related to prescribed fire on private lands is essential. In this fact sheet, we define liability, risk and laws as they relate to prescribed burning as well as guidance on how risk can be minimized. This document does not constitute legal advice, but provides general information about liability and risk as it pertains to prescribed fire. Liability concerns are often cited by landowners as a main reason they are reluctant to use prescribed fire. However, this concern is often based on exposure to misconceptions, poor information or perceptions that all fires are of the type often portrayed in the media as out-of-control wildfires that cause significant damages. These perceptions often are not based on actual information and inconsistent with the facts of prescribed fire use, law and liability. People who have experienced prescribed fire for any length of time quickly realize that not all fire is an extreme wildfire and fire behavior, good or bad, is a product of location, timing, fuels, weather and execution. Having a better understanding of prescribed fire liability and risk is an important step for landowners to overcome. By overcoming this, landowners can start to realize the benefits of using fire to meet their land management needs. There are steps that can be taken to reduce risk and manage liability when using prescribed fire, and in most states, the laws and local regulations can be favorable—not only for private land fire use, but also for limiting liability exposure when adhering to certain core principals of prescribed fire use.