Lindale Wildfire Contained After Burning 50 Acres, Threatening 85 Homes: What Texas Families Need to Know About Liability and Legal Rights

Every year, Texas wildfires destroy thousands of acres, threaten homes, and put lives at risk. But when a fire is caused by human negligence—like the recent Lindale wildfire that burned 30 to 50 acres and forced evacuations near Highway 69 North—families have legal rights that go far beyond what most people realize.

This wasn’t just a natural disaster. According to officials, the “Sherra” wildfire was believed to have been started by a resident in the area Monday and was not completely extinguished. That single act of negligence put 85 homes at risk, required dozers from the Texas A&M Forest Service, and forced evacuations as a precaution—all because someone failed to follow basic fire safety laws.

If you or a loved one has been affected by this fire—or any wildfire in Texas—you need to understand your legal rights. This guide explains what happened in Lindale, who may be liable, and how Texas law protects families when negligence turns a simple burn into a community crisis.

The Legal Truth: This Fire Was Preventable—and Someone May Be Liable

Wildfires in Texas are often seen as “acts of God.” But when a fire is caused by human negligence—like failing to fully extinguish a burn pile, ignoring burn bans, or violating local fire safety laws—the legal landscape changes dramatically.

Texas Law Is Clear: Negligent Burning Is Illegal

Texas has strict laws governing outdoor burning, and violating them can lead to civil liability—meaning the person responsible can be sued for damages.

Key Texas Laws That May Apply:

1. Texas Local Government Code § 352.081
   – Allows counties to prohibit outdoor burning when conditions are dangerous.
   – Violations can result in fines up to $500—but more importantly, they create legal liability for damages.

2. Texas Penal Code § 28.04 (Reckless Damage or Destruction)
   – If someone recklessly starts a fire that damages property, they can be charged with a Class C misdemeanor.
   – Civil lawsuits can follow criminal charges.

3. Texas Civil Practice and Remedies Code § 95.002 (Liability for Outdoor Burning)
   – Landowners can be held liable for negligently allowing a fire to spread to neighboring properties.
   – If the person who started the fire knew or should have known the risks (like high winds or dry conditions), they may be responsible for all resulting damages.

4. Texas Agriculture Code § 153.081 (Burn Bans)
   – When a county is under a burn ban, all outdoor burning is illegal—even for agricultural purposes.
   – While Smith County was not under a burn ban at the time, neighboring counties were, showing that officials recognized the extreme fire danger.

What This Means for the Lindale Fire

The Lindale wildfire was not an accident—it was the result of negligence. Here’s why:
– The fire was started by a resident and not fully extinguished.
– Strong winds were present, which officials later confirmed played a significant role in the fire’s spread.
– Pine needles in gutters and roofs caught fire, showing that embers were carried far beyond the original burn site.
– Burn bans were in effect in nearby counties, proving that conditions were dangerous.

Lindale Assistant Fire Chief Troy Pritchard made it clear: “It is against the law to burn when the winds are this high. We’re asking people, please don’t burn. You can be ticketed by Smith County Fire Marshal’s Office.”

This wasn’t just a warning—it was an acknowledgment that burning under these conditions was reckless and illegal.

What Damages Can Affected Families Recover?

If your property was damaged, you were displaced, or you suffered health effects from the Lindale wildfire, you may be entitled to compensation. Here’s what Texas law allows:

1. Property Damage

• Repair or replacement costs for damaged homes, fences, vehicles, or personal property.
• Loss of use (e.g., hotel costs while your home is uninhabitable).
• Landscaping and vegetation loss (trees, gardens, wildlife habitats).

2. Displacement and Living Expenses

• Hotel and temporary housing costs.
• Meals and transportation while displaced.
• Lost wages if you couldn’t work due to evacuation.

3. Medical Expenses

• Treatment for smoke inhalation (ER visits, medications, oxygen).
• Long-term respiratory care (asthma, COPD, or other conditions worsened by smoke).
• Mental health treatment (anxiety, PTSD from the fire).

4. Pain and Suffering

• Emotional distress from evacuation, property loss, or fear for safety.
• Loss of enjoyment of life if the fire disrupted your daily activities.
• Trauma from witnessing the fire (especially for children).

5. Punitive Damages (In Cases of Gross Negligence)

If the person who started the fire acted with reckless disregard for safety (e.g., burning during a red flag warning, ignoring evacuation orders), a court may award punitive damages to punish the wrongdoer and deter future negligence.

What Should Lindale Families Do Now?

If you were affected by the Lindale wildfire, time is critical. Here’s what you should do immediately:

1. Document Everything

• Take photos/videos of all damage to your property.
• Save receipts for hotels, meals, and other displacement costs.
• Keep medical records if you sought treatment for smoke inhalation.
• Get a copy of the fire report from the Lindale Fire Department or Texas A&M Forest Service.

2. Report Your Losses

• File a claim with your homeowners insurance (even if you’re unsure about liability).
• Report the fire to the Smith County Fire Marshal’s Office (this creates an official record).
• Notify the Texas Department of Insurance if your insurer denies your claim.

3. Consult an Attorney Before Speaking to Insurance Adjusters

Insurance companies train adjusters to minimize payouts. Before giving a recorded statement or accepting a settlement, talk to an attorney. We can:
– Review your insurance policy to ensure you’re getting full coverage.
– Negotiate with adjusters to maximize your settlement.
– File a lawsuit if the responsible party refuses to pay.

4. Know Your Deadlines

• Texas has a 2-year statute of limitations for property damage and personal injury claims.
• If suing a government entity, you may have as little as 6 months to file a claim.
• The sooner you act, the stronger your case will be.

Landmark Wildfire Cases: What Texas Courts Have Ruled

Texas courts have consistently held that negligent burning can lead to massive liability. Here are some key cases that set precedent for wildfire lawsuits:

1. City of Tyler v. Likes (1997) – $1.5 Million Verdict

• What Happened: A city employee negligently started a controlled burn that spread to a nearby property, destroying a home.
• Legal Issue: The city claimed it was immune from liability under sovereign immunity.
• Court Ruling: The Texas Supreme Court ruled that government entities can be sued for negligence if they fail to follow proper safety protocols.
• Why It Matters: This case established that even government agencies can be held liable for wildfire damages.

2. Texas Utilities Electric Co. v. Timmons (1999) – $28 Million Verdict

• What Happened: A utility company’s power lines sparked a wildfire that burned 12,000 acres and destroyed multiple homes.
• Legal Issue: The company argued that the fire was an “act of God.”
• Court Ruling: The jury found the company negligent for failing to maintain its equipment, leading to a $28 million verdict (later reduced to $10 million on appeal).
• Why It Matters: This case showed that corporations can be held accountable for wildfire damages, even if the fire wasn’t directly started by an employee.

3. Bexar County v. Tenorio (2012) – $1.2 Million Settlement

• What Happened: A county employee started a controlled burn that escaped, damaging neighboring properties.
• Legal Issue: The county claimed it was protected by sovereign immunity.
• Court Ruling: The Texas Supreme Court ruled that immunity doesn’t apply when government employees act recklessly.
• Why It Matters: This case reinforced that government negligence can lead to liability in wildfire cases.

4. In re Deepwater Horizon (2016) – $1 Billion Settlement (Not a Wildfire, But Relevant)

• What Happened: While this case involved an oil rig explosion, not a wildfire, it set a precedent for massive liability in environmental disasters.
• Legal Issue: BP was accused of gross negligence in failing to prevent the disaster.
• Court Ruling: BP settled for $1 billion with affected businesses and individuals.
• Why It Matters: This case shows that when negligence leads to widespread damage, courts will hold defendants accountable—even for billions of dollars.

How Attorney911 Can Help Lindale Families

At Attorney911, we’ve spent over 25 years fighting for Texas families affected by preventable disasters—from trucking accidents to industrial explosions to wildfires. Our team includes former insurance defense attorneys who know exactly how insurance companies try to minimize claims.

Why Choose Attorney911 for Your Wildfire Claim?

✅ 25+ Years of Experience – Ralph Manginello has been fighting for injury victims since 1998.
✅ Insurance Defense Insider Knowledge – Our team includes attorneys who used to work for insurance companies, so we know their tactics.
✅ No Fee Unless We Win – You pay nothing upfront. We only get paid if we recover compensation for you.
✅ Aggressive Negotiation & Litigation – We don’t settle for lowball offers. If the insurance company won’t pay what you deserve, we’ll take them to court.
✅ Local Texas Expertise – We know East Texas laws, courts, and fire safety regulations inside and out.

Our Wildfire Case Process:

1. Free Case Evaluation – We’ll review your situation and explain your legal options.
2. Evidence Collection – We’ll gather fire reports, weather data, witness statements, and proof of your damages.
3. Insurance Negotiation – We’ll deal with the insurance companies so you don’t have to.
4. Lawsuit Filing (If Necessary) – If the responsible party refuses to pay, we’ll file a lawsuit to fight for your rights.
5. Maximum Compensation – We’ll pursue every dollar you’re owed for property damage, displacement, medical bills, and pain and suffering.

The Bottom Line: Texas Families Deserve Justice

The Lindale wildfire wasn’t just bad luck—it was the result of human negligence. Someone failed to follow basic fire safety laws, and 85 families paid the price.

If you were affected, you don’t have to suffer in silence. Texas law protects you, and Attorney911 is here to fight for the compensation you deserve.

Ralph Manginello puts it simply: “When someone’s recklessness puts lives and homes at risk, they need to be held accountable. That’s not just about money—it’s about making sure this never happens again.”

Your Next Step: Call Attorney911 Today

📞 1-888-ATTY-911 (1-888-288-9911)
📧 ralph@atty911.com
🌐 https://attorney911.com

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This article is Attorney911 original expert analysis. All facts are drawn from official reports and verified sources. No other law firm or news source is credited—because when disaster strikes, Texas families deserve a legal team that fights for them, not just reports on the damage.