Can You Sue for Wildfire Injuries in South Carolina?

Wildfires have been ripping through North Carolina and South Carolina within the past few weeks, and one single blaze in Horry County ignited more than 2,000 acres. This same fire was traced back to the negligence of a single woman, which raises an important question: Can you hold individuals or companies liable for your wildfire injuries? This may be something you need to explore alongside an experienced injury attorney in South Carolina – especially if you’re struggling with disfiguring burns.

2,000-Acre Fire Traced Back to Negligent Woman in Horry County 

In March of 2025, authorities in South Carolina announced that they had traced the recent wildfire in Horry County to a negligent woman. Officials say she sparked the massive blaze by setting yard debris on fire in her back yard. As a result, she was arrested and charged with two offenses related to allowing fires to spread and not taking proper precautions.

Witnesses say they saw the woman set a fire that was too close to the treeline. Authorities say there was no nearby water source to extinguish the blaze when it got out of control, and she was utterly powerless as the fire spread into the forest. At the time of the fire, South Carolina had enforced a dry burn ban since late February. If she is convicted of these two charges, the defendant could face up to two months in jail.

Fortunately, no one was injured by the blaze – and no buildings were destroyed. However, the fire could have been much worse. People could have suffered disfiguring or fatal burns, and others might have been injured by collapsing buildings.

Can You Sue a Negligent Party for Starting a Fire? 

According to South Carolina law, a property owner cannot be held liable for injuries caused by “prescribed fires.” Prescribed burning occurs when property owners intentionally set fire to forested areas in order to achieve land management objectives. When carried out correctly, prescribed burns can actually decrease the risk of destructive wildfires.

However, Section 48-34-50 of the South Carolina Code of Laws clearly states that if a property owner carried out a prescribed burn with “gross negligence or recklessness,” they may become liable for any subsequent injuries. Gross negligence is a relatively high threshold, and it involves mistakes that are almost criminal in their level of irresponsibility.

If the fire was caused by a clear criminal violation (such as a backyard fire during a burn ban), it may be easier to prove negligence and pursue compensation.

Can a South Carolina Personal Injury Attorney Help With Burn Injuries?

 If you have suffered burn injuries and you believe someone else is to blame, a personal injury attorney in South Carolina may be able to help you pursue compensation. If you can establish that the initial fire was caused by a mistake or violation of some kind, you could recover enough to cover medical expenses, missed earnings, and other damages. To learn more about your legal options, consider a consultation with Mickelsen & Dalton, LLC today.

Sources: 

wptv.com/us-news/crime/south-carolina-woman-arrested-in-connection-to-wildfire-near-myrtle-beach#google_vignette

fox9.com/news/myrtle-beach-woman-ignited-south-carolina-wildfire-scorched-2k-acres-authorities-say

dnr.sc.gov/burningbenefits/index.html#:~:text=Prescribed%20Burning%20is%20the%20planned,management%20objectives%3B%20also%20known%20as%20%22