Presumption of Negligence

IMPORTANT FOR NON-FPA MEMBERS to understand

  1. If a person who brings civil proceedings proves that he or she suffered loss from a veldfire which—
    1. the defendant caused; or
    2. started on or spread from land owned by the defendant, the defendant is presumed to have been negligent in relation to the veldfire until the contrary is proved, unless the defendant is a member of a fire protection association in the area where the fire occurred.
  2. The presumption in 1 above does not exempt the plaintiff from the onus of proving that any act or omission by the defendant was wrongful.