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Order granting Motion for Spoliation sanctions and dismissing for failure to follow NFPA 921. Nothing groundbreaking here, but a good discussion of the basics and how poor housekeeping led to a very bad result.  Submitted by Michael Durr, Experienced Tennessee Subrogation & Recovery Attorney, on LinkedIn for discussion.  Click here to join the discussion.

BACKGROUND

The facts of this case are generally undisputed and have been set forth in detail, for the most part, in the Court’s prior Order on Defendant’s Motion for Spoliation Sanctions. (Dkt. No. 35.) In sum, Plaintiff Bear River claims that the speed control deactivation switch (SCDS) in the 1994 Ford F-150 pickup truck owned by its insureds, Jeff and Julie Schoepf, was defective and caused a fire that spread from the truck to the Schoepf’s house.1 Bear River’s claim is based on an investigation conducted by Bear River’s expert, Tad Norris, a fire investigator with IC Specialty Services, who was assigned to inspect the scene and determine the origin of the fire.  On behalf of Bear River, Mr. Norris inspected the scene and decided what evidence should be preserved without Ford’s presence, consent or input. As part of that investigation, Mr. Norris removed the SCDS’ hexport and electrical housing and claims that he sent both to another expert, Jeff Morrill, who requested an examination of the hexport. Mr. Morrill acknowledged receipt of the hexport, but claims he never received the electrical housing. Following Norris’ inspection and investigation, the scene of the fire was destroyed. Additionally, Plaintiff lost the hexport before it could be inspected and tested by Ford, and Plaintiff lost the electrical housing before inspection and/or testing by anyone.

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Accurate identification of the cause of a Wildfire plays a critical behind-the-scenes role when it comes to the presentation of evidence in Criminal, Coronial or Civil proceedings, or to gain an accurate picture of the cause of fires in an area. So how do you find the cause in a blackened landscape that may cover thousands of hectares?

Successfully preventing the unplanned ignition of wildfires is reliant on three key areas;

  • Engineering (or that of appropriate legislation governing the use of fire in the open and adequate penalties, authority to investigate fires etc);
  • Education (of the public and firefighters in wildfire ignition prevention and reporting of suspicious activity relating to the cause of a wildfire) and;
  • Enforcement (pro-active investigation of wildfires and follow-up prosecutions).

 

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On May 18, 2017, the United States District Court, Eastern District of Pennsyvania, ruled that a plaintiff's electrical engineering expert could not testify regarding the origin of a fire and fur excluded a portion of his testimony regarding the fire cause.

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This article was member submitted and includes a short comment about the article at the bottom.

ABSTRACT

Liquid fuel spill/pool fires represent the initiating fire hazard in many applications ranging from accidents at industrial plants using combustible liquids to residential arson fires involving flammable fuels.  Given the relevancy of such fires and broad range of potential scenarios, it is important to understand how liquid fuel fires develop and how to accurately calculate the fire size based on knowledge of the fuel type, quantity and the surface it is poured on.  In addition, it is important to quantitatively correlate fire size to spill area and burn patterns.  This understanding will afford the fire protection and investigation communities the ability to properly assess the potential hazards and forensically evaluate damage from fuel spill fire events.  The purpose of this study is to expand the fundamental understanding of liquid fuel fire dynamics, establish the utility of forensic tools, and validate empirically-based correlations used to model spill fire scenarios.  A multitude of small-, intermediate-, and large-scale noncombustible liquid spill and fuel spill fire tests were conducted using a total of six different liquid fuels and eight different substrates.  The results of these tests provide insight into the differences in fire dynamics between pool and spill fires (i.e., thick and thin fuel depths), provide a methodology by which liquid fuel fire events can be assessed, and identify forensic indicators that can be used in the analysis of liquid fuel fire events.

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from Firehouse.com by Karen Facey

I recently joined “the dark side" after I left the public sector as a fire marshal to become a fire investigator for Liberty Mutual and Safeco Insurance. While we collectively banter and joke about people leaving the public sector and starting their private sector careers, the reality is we all have the same needs and motivation. Ask any first responder, and they will likely tell you they love what they do because they get “to help people.” Ask any private fire investigator why they investigate fires and they will also answer “to help people.”

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From Out of the Abyss...

This week’s article from the past is titled Incendiary Fires Can Be Spotted and was written by Benjamin Horton, CPCU, who was President of the National Adjuster Traing School in Louisville, Kentucky..  It is taken from the Decembe 1968 Vol. XVI No.5 issue.

Incendiary Fires Can Be Spotted 

Congratulations

CCAI extends sincere congratulations to Wayne Tyson who was presented with the most prestigous "Lifetime Member" award along with a 45-year member pin from the International Association of Arson Investigators.


Wayne_Tyson-45yearpin-4x6

Limoss Recalls Battery Power Packs for Power Recliners and Lift Chairs

Recalled Limoss AKKU-PACK battery power packDescription

This recall involves Limoss AKKU-PACK rechargeable lithium ion battery power packs sold as accessories for Palliser, Flexsteel and Best Home Furnishing power recliners and lift chairs. They are used to power the chair when an electrical outlet is not available.  “Limoss Li-ion Battery Pack,” model number ZB-B1800, code MC 160 and dates codes of 11-0102011 through 6-14-2012 are printed on a white sticker on the side of the unit. Recalled battery power packs are black and measure 6 inches long by 3 inches wide.

 

Read the full details at CPSC.

Horizon Hobby Recalls E-flite Chargers

Recalled E-flite Ultra Micro-4, 4x9W, AC/DC Battery Charger
Description

This recall involves the EFLC1105 E-flite Ultra Micro-4, 4x9W, AC/DC Battery Charger from E-flite. The charger has four independently functioning charge circuits with a LED status display. Each port can charge one 30–150mAh, 1S UM cell, a 1S MCPX cell, or one 120–300mAh 2S pack equipped with a JST-PH, 3-wire connector. The charger measures 5 inches tall by 7 inches wide by 1.5 inches deep.  The charger is blue with a gray, black and blue faceplate with white and black type. “Eflite Celectra UMX-$ Battery Charger” is printed across the center of the charger.

 

See the full details at CPSC

Nestlé Waters North America Recalls Water Dispensers

Description

This recall involves Nestlé three and five gallon cold and hot water dispensers. The units are white and silver in color and measure about 38 inches tall by 13 inches wide. Water is dispensed from the large plastic water bottle on the top of the unit through the machine by pushing on the paddles below that are marked with blue for cold water and red for hot water. The Nestlé Waters North America logo is on the front of the units. Only the following model and serial numbers are included in this recall. The model and serial numbers are printed on a white sticker on the back of the units.
 

Details can be seen at CPSC.
 

 

Recalled Nestlé water dispenser
Model Numbers
Serial Numbers

deBW210EZ

BW210EZES

LB15A12606

LB15A12620

LB15A12622

LB15A12631

LB15A12670

LB15A12687

LB15A12690

LB15A12762

LB15A12763

LB15A12848

LB15A12849

LB15A12870

LB15A12888

GM Threatened With Regulatory Investigation Before Issuing Recall For Fire-Prone Hummers

July 14, 2015

Last week, General Motors announced that it would recall nearly 196,000 Hummer vehicles because simply turning on the heating or cooling system could set the car ablaze.While we reported that federal regulators had received nearly two dozen consumer complaints about the issue over the past seven years, a new report finds that the real number of reported incidents is much higher, and that GM may have continued to put off issuing the recall had it not been for threats of an investigation.

Jalopnik, citing sources with the National Highway Traffic Safety Administration, reported earlier today that General Motors only recalled the model year 2006 to 2010 Hummer H3 and model year 2009 to 2010 H3T after regulators threatened to open a formal investigation into the issue.

According to GM, the issue with the Hummer vehicles is related to an electrical part in the heating and cooling system that can overheat and cause a fire inside the dashboard.

Jalopnik reports that the first fire related to the blower issue occurred in August 2008 and was reported to NHTSA the following month.

However, a chronology report [PDF] posted by NHTSA at the time of the recall alleges the company only learned about the issue after receiving two consumer complaints through its Speak Up For Safety program in September 2014.

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Hearth & Home Technologies Recalls Gas Fireplaces

Corner FireplaceDescription

This recall involves Heat-N-Glo® and Heatilator® Corner Unit Series indoor gas fireplaces. The fireplaces are LP or NG-fueled corner units with tempered glass fronts. The following model numbers are printed on the unit rating plate, located near the controls used to operate the units, and in the instruction manual.

 

LCOR-36TRB-IPI
RCOR-36TRB-IPI
GDCL4136I
GDCR4136I

 See the full details at CPSC

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