A thorough scene investigation of your next fire case may be thedifference between a claim being dropped and a claim beinglitigated. The timeliness of the investigation and methods employedwill ensure that all case facts have been uncovered, and thatimportant evidence is preserved.

Early and thorough responses are imperative and will in turnfacilitate cost containment; the accurate identification ofculpable parties; preservation of evidence; and the identificationof frivolous or exaggerated claims.

In sum, thorough fire scene investigations can translate intothe ability to make early case decisions that preserve both legaldefenses and, hopefully, the bottom line.

Claim Notification = Early Involvement

Consider your next early claim investigation an opportunity toseize control of the investigation by getting involved when thecase is taking shape. Early involvement is your best chance toprotect your capability to inspect the evidence.

Typically, the first investigators on a scene will be fireofficials who suppress the fire, determine the cause, rule outcriminal culpability, and ensure the safety of the scene for itspreservation or overhaul. Once public officials have released thescene, the property owners, insurers, and experts take control. Theinsurer or its attorney will then inspect the scene for potentialentities from whom the subrogating carrier may recover money paidout to its insured.

If, during the subrogating insurer's inspection, it isdetermined that your company or client may be at fault, then theyare required to preserve the scene and notify you of an opportunityto inspect the scene. Notice from a subrogating carrier—that yourcompany or client may be culpable—should elicit an immediateresponse, in writing, requesting that you have anopportunity to inspect the scene, and that evidence be properlypreserved.

Accurate Facts and Preserved Evidence

So let's say you received notice, requested that the scene bepreserved in its current state, and are working to set up a jointinspection; now what? Prepare to go to the scene inspection.Request public official reports, insurer's photographs, researchthe location, notified parties, and their products.

The claimant's representative should have reports and photos,depending on the size of the loss, from the Fire Department, FireMarshal, Police Department, medical care providers and perhapsothers. In addition, the claimant's representative may have drafteda report or taken photographs during their investigation which theymay be willing to share.

Going into an investigation with public reports and photographsin hand will help determine whether the scene has been altered,forecast possible theories of liability, and identify potentialwitnesses to interview while at the scene. Often, occurrencewitnesses, neighbors, or workers are accessible for interviewsprior to the filing of a lawsuit at a time when their memories arefresh.

Enlist A Qualified Fire Investigator = A Credible TrialExpert and Advisor

A fire scene examination should be attended by a Certified FireInvestigator (CFI) or a Certified Fire and Explosion Investigator(CFEI), commonly known as” CFIs.” The CFI will be the first personto set foot into the scene on your behalf. His or her observationsand opinions will shape the way your case is defended. It isadvantageous to retain a CFI who is familiar with the publicofficials, such as firefighters and fire marshals, and the expertfor the other parties involved.

A good working relationship between investigators and officialsresults in the free flow of information and opinions during thescene inspection. Often, investigators share their opinions withone another, thereby providing early insight into an expert'sconfidence in the subrogee's case against your company or client.

When selecting a CFI, consider their adherence to commonlyaccepted standards for fire investigations, including: NationalFire Prevention Association (NFPA); and American Society forTesting and Materials (ASTM). Those organizations promulgatestandards which courts find authoritative when considering thebasis for an investigator's opinions. Adherence to NFPA and ASTMstandards indicates that the fire investigation was conductedthrough reliable scientific methodologies and short circuits anopposing attorney's challenge to the validity or credibility of anexpert's opinions.

Attend the Scene Inspection = Firsthand Knowledge of thePlayers and Facts

The scene investigation adds a dimension to the defense of acase that cannot be matched through viewing photographs or readingreports. Only after attendance at the scene inspection can anexpert, attorney, or company's representative gauge the dollaramount of the loss, explore external factors that may have played arole in the fire, and evaluate how the experts conduct theirinvestigation.

An accounting of the inspection by a non-expert helps to providean objective opinion about the confidence of each expert in theirrespective theory and other defense issues that may arise—that is,contributory negligence and damages inflation by claimant).Finally, a working knowledge about how a fire scene exam isconducted will be of benefit when deposing an expert, negotiating asettlement, or during cross examination.

By seizing the opportunity to investigate the scene, claimsprofessionals will protect against premature and thinly supportedliability theories, which may prejudice the defense in the longrun. Early intervention will eliminate the possibility that yourdefense will be built on unsupported theories and insufficientdata. With the proper procedures in place, conducting an effectivescene investigation is “elementary, my dear Watson.”