Bonfires on the Levee: Who Is Liable If Someone Gets Hurt?

Yes, Louisiana Has a Bonfire-Immunity Statute

Louisiana Revised Statute 9:2796.3 addresses a “bonfire presentation” on the Mississippi River levee. It generally says no person has a cause of action against a sponsor for injury, death, loss, or damage connected with the bonfire except under the exceptions written into the law.

That is a narrower rule than “Nobody is liable at a Louisiana bonfire.” It protects a defined sponsor at a defined kind of event.

Who Counts as a Protected Sponsor?

The statute defines a sponsor as a governmental agency, office, or department, or a Louisiana-chartered nonprofit organization or member, that applies for the bonfire permit or is specifically listed as a participant on the permit application. A private individual who builds an unauthorized fire is not automatically a statutory sponsor.

The permit matters because it helps establish who organized the presentation and what conditions were supposed to be followed.

When the Sponsor Can Still Be Sued

The statute preserves a cause of action when the sponsor’s conduct was a cause-in-fact of the damage and one of the following circumstances applies:

• The sponsor failed to obtain or comply with the required bonfire permit.
• The sponsor used combustible material that the local permitting authority had not approved.
• The sponsor negligently violated an order of the local permitting authority.
• The sponsor engaged in deliberate and wanton conduct or gross negligence.

The law specifically says that igniting the bonfire before receiving the local authority’s required oral permission constitutes a negligent violation of an order.

The Statute Even Defines the Bonfire’s Size and Safety Zone

For this law, a qualifying bonfire may not exceed 20 feet in height, 12 feet in width, or 24 feet in length. It must be roped off by at least 25 feet around the entire structure using nonflammable barricade material.

Those measurements are more than festive trivia. In an injury investigation, photographs, drone footage, permit diagrams, and witness accounts may help show whether the structure and safety boundary met the statutory definition.

What the Immunity Does Not Necessarily Cover

The statute is expressly focused on the sponsor. A bonfire incident could involve other people or entities, including:

• A vendor whose separate equipment caused a burn or electrical injury.
• An impaired driver who struck a pedestrian near the event.
• A property owner responsible for an unrelated dangerous condition.
• A contractor whose role and conduct place it outside the protected definition.
• A person who intentionally threw an object or started an unauthorized fire.

It also does not turn an ordinary backyard bonfire into a protected Mississippi River levee presentation.

What If the Sponsor Is a Governmental Entity?

Governmental liability can involve additional statutes, damage limits, notice issues, and procedural rules. R.S. 9:2796.3 refers to limits in Louisiana Revised Statute 13:5106 for qualifying governmental and nonpublic sponsors. The identity and legal status of the sponsor should be confirmed early rather than guessed from an event flyer.

Evidence to Preserve After a Bonfire Injury

A fire scene changes quickly. Emergency crews may dismantle structures, move barriers, or remove fuel and debris. If a serious injury occurs, useful evidence can include:

• The permit and every written or oral condition imposed by the local authority.
• Photographs and video from before ignition through the emergency response.
• Measurements of the structure, rope line, and distance from spectators.
• A list of wood, accelerants, decorations, and other combustible materials used.
• Weather, wind, and burn-ban information.
• Fire, EMS, police, and incident-command records.
• Witness names and the identity of the person who authorized ignition.

Medical treatment and photographs should document burns, smoke inhalation, falls, and other injuries. Louisiana filing deadlines vary with the incident date and defendant, so do not delay reviewing the state’s prescription deadlines. For related claim guidance, see how we approach New Orleans burn-injury cases and our article on burn-injury legal rights in Louisiana.

Frequently Asked Questions

Is every Louisiana levee bonfire sponsor immune?

No. The statute protects a qualifying sponsor of a permitted Mississippi River levee bonfire presentation, subject to specific exceptions. Sponsor status and permit compliance must be verified.

Can a sponsor be liable for using the wrong materials?

Potentially. The statute expressly preserves a claim when unapproved combustible materials were used and the sponsor’s conduct was a cause-in-fact of the damage.

Does the law protect a backyard bonfire?

Not under this statute merely because the fire is called a bonfire. R.S. 9:2796.3 addresses a permitted bonfire presentation on the Mississippi River levee.

What if the fire was lit before officials gave permission?

The statute states that lighting the bonfire before receiving required oral authority constitutes a negligent violation of the local authority’s order.

Louisiana Law or Legend?

Verdict: Louisiana really does have a detailed liability statute for Mississippi River levee bonfires, down to maximum dimensions and the safety-barrier distance. The protection is real, but it is conditional. See more verified entries in our guide to Louisiana’s weirdest laws.