4 things to do when investigating a fire or explosion case
Jun 20, 2016
The National Fire Protection Association 921 Guide for Fire and Explosion Investigations establishes the standards for scientific-based investigation and analysis for incidents involving explosions and fires. The National Fire Protection Association 921 Guide for Fire and Explosion Investigations (NFPA 921) is widely-accepted by experts and attorneys, as it establishes the standards for scientific-based investigation and analysis for incidents involving explosions and fires.
NFPA 921 addresses all aspects of a fire investigation from collecting evidence to failure analysis so no important phases are missed along the way.
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Experience shows that winning or losing a case depends on the investigation in the first few days and weeks after the fire or explosion. An attorney or expert who ignores the 400-page NFPA 921 Guide should probably be replaced (before the investigation).
After 30 years of fire investigations, here are some of the lessons we've learned.
1. Preserve and document the scene
Immediately preserve the evidence since this can be a determining factor in the outcome of the case.
In one fire, a landowner moved the overhead power lines, which caused the fire in his barn, despite a warning by a co-defendant. Fortunately, one expert eventually produced his dispositive photographs of the lines before they were moved.
In another fire, before the investigators arrived, a defendant cleared the origin area under power lines. However, the plaintiff's expert interviewed three witnesses who inspected this area during and immediately after the fire and were able to provide a detailed description of what they had observed.
2. Interview witnesses (with recordings and affidavits)
Interviewing witnesses at the scene as soon as possible is critically important, including all reporting parties and first-responders. According to the NFPA 921, “In some instances … a witness may be found who saw the fire in its incipient stage and can provide the investigator with an area of fire origin.”
A witness establishing important facts should always be recorded at the scene for an affidavit and probable deposition (for admissibility). When interviewing or deposing witnesses, incorporate the level of certainty required for the investigator's opinion: “probable” (not “possible”), which means “more likely true than not” or “greater than 50%.” The NFPA 921 says that “only when the level of certainty is considered ‘probable’ should an opinion be expressed with reasonable certainty.”
Make sure to obtain copies of all 911 and other reports in admissible form, especially because the audio may become unavailable. Interviews and photographs taken by law enforcement, first responders, and fire marshals can be invaluable to an investigation.
Units of the Winchester Fire Department remain on the scene as investigators with the Kentucky State Police Arson Investigation Division inspect the remains of a unit of the B&P Apartments, on March 11, 2016, in Winchester, Ky. A fire destroyed the apartment building in central Kentucky overnight, killing and injuring several people and forcing some residents to leap from second-story windows to escape. (Photo: Timothy D. Easley/AP Photo)
3. Look for V-burn patterns
In wildfire investigations, look for the normal V-burn pattern. This should always be photographed from a bucket-truck helicopter or airplane if overhead electrical wires are a suspected cause.
4. Go with the fire investigator
Based on our experience, it is recommended that the attorney accompany the fire investigator as part of the team, especially on joint inspections and interviews. It is important to keep asking questions respectfully and repeatedly of as many people as possible. In one fire at a joint inspection, a foreman candidly admitted cause after the defendant repaired the power lines which had started another fire.
When assembling the team of experts required to assist a fire investigator, consider including an electrical engineer, fire scientist, electrical code expert and mechanical engineer. This helps to avoid any “analytical gap” in expert analysis.
While these recommendations won't guarantee a favorable outcome, they will go a long way to help ensure that all critical evidence has been preserved and that the industry standard of care has been followed by investigators.