Lawsuit Alleges Rancher, John Deere Combine Caused Wildfire

Fri, 20 Nov 2020 05:50:34 GMT

A lawsuit filed in Oregon’s Wasco County Circuit Court claims the August 2017 wildfire that burned 68,000 acres was caused by a rancher and John Deere, the manufacturer of a combine that sparked the blaze.

The suit was filed by the Confederated Tribes of Warm Springs who say the wildfire burned tens of thousands of acres on their reservation and caused hundreds of evacuations. The tribe alleges Jamie Wisenbaker, who owns a ranch just north of the tribal lands in Wasco County, allowed his brother Larry to operate a combine on his property in August 2017 despite a lack of experience or training.

The combine began emitting sparks from a rock lodged in the header, according to The Oregonian , but Larry Wisenbaker continued to drive the machine, the lawsuit alleges. The sparks eventually set the field ablaze and developed into the Nena Springs fire, according to the suit. It burned for more than two weeks.

The suit alleges the fire caused “significant damage’ throughout the reservation, including “burnt forest and land, damaged fencing, deterioration of the soil and watershed, range and vegetation damage, damage to cultural resources (and) damage to fish and wildlife and their habitat.”

The tribe is seeking $12.25 million in economic damages from lost timber resources.

The Oregon State Fire Marshal determined the cause of the fire was accidental, “probably caused by the use of a combine for routine harvesting operations” and exacerbated by 100-degree temperatures.

The tribe also named John Deere, which manufactured the combine harvester, in the lawsuit, claiming the company made faulty equipment. Court records show the allegations are that John Deere should have designed a machine “capable of encountering naturally occurring debris without causing mechanical issues, sparks, or fires,” with safety features such as an automatic shut-off switch or operator warning alert.

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Oregon Farmers Not Liable While Fighting Wildfires

Fri, 20 Nov 2020 05:49:23 GMT

Oregon farmers will not be held liable while fighting wildfires in the state, thanks to a new law passed by the Oregon Legislature.

Senate Bill 290 encourages bystanders to assist people in emergencies without worry about being sued if something goes wrong. The law was inspired by last year’s Substation fire that destroyed 78,425 acres of dry wheat fields and grasslands.

Oregon wheat farmers used tractors and disc plows to cut firebreaks around homes and communities. Their quick response, according to Governor Bill Hansell, R-Athena, helped prevent the devastation of small towns such as Moro and Grass Valley.

“Farmers have been doing this ever since we began raising wheat,” said Hansell, whose family runs a wheat farm in Umatilla County.

One farmer, 64-year-old John Ruby, died trying to protect his neighbor’s home from the fire. Hansell said the tragedy raised concerns about potential liability for farmers and residents in a similar situation.

SB 290 states that a person who voluntarily joins the effort will not be held civilly liable for injury resulting from the “good faith performance” of firefighting activities. Professionally trained firefighters are not covered by the legislation.

“Anytime you’re talking about limiting liability for somebody who does something out on the landscape, or responds to an accident, we want to protect them if they’re acting in good faith,” said Blake Rowe, CEO of the Oregon Wheat Growers League.

The new law will become effective on Jan. 1, 2020.

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