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 into 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 inves-
tigator’s opinion: “probable” (not “pos-
sible”), which means “more likely true
than not” or “greater than 50 percent.”
The NFPA 921 says that “only when the
Winning or Losing a
Fire or Explosion Case:
NFPA 921 Investigations
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.
Experience shows that winning or
losing a case depends on the investi-
gation 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 10 years of fire investigations,
here are some of the lessons our firm
has learned.
