Massachusetts General Laws

Mass. Gen. Laws ch. 266, § 8 (2026)

Injury by fire; negligent use

✓ current as of July 2026

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Section 8. Whoever, not being a tenant thereof, sets or increases a fire upon land of another whereby the property of another is injured, or whoever negligently or wilfully suffers any fire upon his own land to extend beyond the limits thereof whereby the woods or property of another are injured, shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than two years, and the town where such fire occurred may recover in an action of tort, brought within two years after the cause of action accrues, against any such person the expense of extinguishing such fire.

Notes of Decisions

Cited in 4 cases, 1924–2019 · leading case: Commonwealth v. Pfeiffer, 121 N.E.3d 1130 (Mass. 2019).

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Commonwealth v. Pfeiffer, 121 N.E.3d 1130 (Mass. 2019). “266, § 7 ("Whoever by wantonly or recklessly setting fire to any material, or by increasing a fire already set, causes injury to, or the destruction of, any growing or standing wood of another shall be punished"); G. L. c. 266, § 8 ("Whoever, not being a tenant thereof, sets or…”

Town of Freetown v. New Bedford Wholesale Tire, Inc., 423 N.E.2d 997 (Mass. 1981). · cites it 2× “It claims damages on the basis of common law tort liability for negligence or misrepresentation and on the basis of G. L. c. 266, § 8, and G. L. c. Ill, § 145.”

Commonwealth v. Reilly, 248 Mass. 1 (Mass. 1924). “The dividing line between guilt and innocence in the criminal law is whether a jury are satisfied beyond a “ reasonable doubt ” that the defendant committed the crime charged. Commonwealth v.”

Commonwealth v. Barnes, 13 Mass. L. Rptr. 468 (Mass. Super. Ct. 2000). · cites it 2× “” G.L.c. 266, §8. 1 Thus, there are statutory criminal penalties for one who negligently starts afire.”

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