coin-anim
image image image image image image

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.

Read more

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).

 

Read more...

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.

Read more...

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.

Read more...

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.”

Read more...

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

Sun, vodka bottles start fire inside Burnsville liquor store

Shared by Jamie Novak, St. Paul Fire Department

by Maury Glover

Vodka-fireBURNSVILLE, Minn. (KMSP) - Burnsville fire officials say they've never heard of so-called firewater could become a starter without the aid of a match or spark, but that's exactly what happened when vodka bottles magnified sunlight and started a fire inside Red Lion Liquors.

The store has been in Burnsville since 1978, and it's occupied its current building for the past nine years. They have bulletproof glass to stop burglars and vandals from breaking in, but that couldn't' protect them from a problem that started inside.

Read more and watch the video

The Goal is Truth

By Paul Francois & Enrique Garcia
Third Degree Communications

When testifying in court as to the manner in which we conducted an interview, defense counsel will often ask us whether we just wanted his client to "confess." We answer that we do not seek confessions  but rather truth. After all, no good cop is interested in false information, only truthful information. That is why our motto at Third Degree Communications is "Nothing but the Truth."

One little tidbit we impart on our students to help convey this concept is by reminding them that if obtaining the truth is their ultimate goal, then they should be doing nothing that might prevent them from obtaining the truth. For example, getting angry with a subject who is lying would most likely sever rapport and interfere with accomplishing the goal of obtaining the truth. Raising my voice, insulting him, or speaking to him in a condescending manner are all most likely going to be rapport killers that will stymie my ability to get to a successful and truthful outcome with the subject. If we want to get people to provide us with truthful information, we should avoid doing anything that will interfere with accomplishing this goal.

This actually applies to many areas of our lives if we think about it. Let's say I've made a new year's resolution to avoid gossiping about other people. There are several steps I can and should consider that will help me accomplish this goal, including but not limited to:

  •  Avoiding certain people who I know thrive on gossip
  • Not asking certain questions that are more likely to lead to gossip, such as "Who did that?" "What are you guys talking about?" "What happened next?"
  • Excusing myself from conversations that turn in the direction of gossip

In the same manner, if my goal is to obtain truthful information, I must only engage in behavior that's more likely to help me accomplish this goal and to avoid behavior that will interfere: 

  • Treating people with dignity and respect
  • Manipulating my tone of voice to maximize my effectiveness
  • Establishing rapport
  • Being a compassionate, empathetic listener
  • Projecting an image of being non-judgmental and accepting

 

Getting people to tell the truth means creating an environment that is conducive to helping them cooperate. Obtaining our goal means everything that I say and do is oriented toward achieving that goal. It's a remarkably simple concept, but a critical one to remember throughout the interview.

Passing of Rob Van Wormer

The following article was submitted by Randy Martin, CCAI Chaplain.

 

As I arrived at the parking lot of the HP Pavillion in San Jose, I was greeted by a red sea of fire apparatus.  The San Jose Fire Department had provided two ladder trucks that were set up in the parking lot; ladders fully extended facing each other with a very large American flag hanging between them.  It was a spectacular site, and what an awesome tribute to Rob.  The flag hanging is this manner has always impressed me.

After arriving, I located the Chaplain that would be performing the service.  As it turned out, he was a Captain that had I worked with in Riverside, California.  It was good to see him again.

The procession that entered the parking lot was laden with fire apparatus and was followed by the limousines that carried the family.  The procession route was lined with fire personnel standing at attention and saluting as the fire engine, which carried the casket, made its way through the crowd.

The San Jose Fire Department had positioned two additional ladder trucks with their ladders fully extended, donning the American flag hanging between them inside the Pavillion.

The service opened with music and a warm welcome to everyone in attendance followed by prayer, guest speakers, the eulogy, and a message to the Fire Family, a Law Enforcement prayer and a song.  The Benediction was followed by the Fire Fighters prayer, the Last Alarm and the Riffle Volley.  Taps rang out from the bag pipes, which always gets to me.  In closing, they had the Flag Folding after which the pipes and drums played Amazing Grace and ended with the presentation of gifts for the Family.

Rob was only on this earth for 47 years; he left us way too soon! He will be missed dearly.

Fire Chaplain

Randy Martin

Remembering 9-11

September 11, 2001

CCAI
Remembering those who gave the ultimate sacrifice
and those they left behind.

Outfitting Your Smartphone for Fire Investigations

by:

Cathleen E. Corbitt-Dipierro

Stonehouse Media Incorporated

www.interfire.org

Smartphones are quickly taking over the US cellular phone hardware market — iPhone, Droid, Blackberry, Palm, just to name a few brands.  With their advanced computing capability, smartphones are enabling users to perform more and more tasks on their phone than just the simple calling and texting.  This computing power is harnessed by “apps,” which are application software programs used on smartphones.


For the fire investigator, the smartphone can become a handy tool in your daily work, but only if you know how to outfit it.  This article highlights some of the core apps that fire investigators can use every day to assist in managing their investigative and administrative work.  One caution before we begin: the investigator should be aware that any investigative information kept on your smartphone is not secure and also may be discoverable in a future legal proceeding.  For that reason, we’ve confined the discussion of apps in this article to those where case-based investigative information is not stored or shared.  At all times, exercise the utmost caution with investigative information.

Read more...

More Articles...

Page 13 of 18

13
Banner

Advertise Your Business Here!

 

CCAI Advertisers enjoy unprecedented exposure to professionals in the public and private sector with tens of thousands of targeted visitors each year looking to arson.org for critical information on the state of fire and arson investigation in the United States and worldwide!  

Banner ads should be formatted to 699 x 125 pixels, JPEG or animated GIF or Flash SWF, 100Kb or less. 

Annual advertising rates available.

Join CCAI Today!

Member Benefits:  

~Training in Fire/Arson
   Investigation
~Semi-Annual
  Training Seminars
~Regional Roundtable
  Meetings held
  throughout the State
~Fire Investigative Resources
~Networking between public
  and private agencies:
       Fire, Police, Insurance,
       Private Investigators,
       Attorneys
~Legal Updates
~Certification Development
~Annual Membership Card
~CCAI-CFI Program
~Field Training Exercises
~Videos on
   fire/arson investigations
~Members only area
~Attend Seminars at a
  greatly reduced rate!
~Weekly E-Newsletter
Last month June 2017 Next month
S M T W T F S
week 22 1 2 3
week 23 4 5 6 7 8 9 10
week 24 11 12 13 14 15 16 17
week 25 18 19 20 21 22 23 24
week 26 25 26 27 28 29 30
California Certified Fire Investigator

 

 

 

Location

1279 North White Avenue
Pomona, California 91768
Phone:  (909) 865-5004
Fax (909) 865-5024
8:00 am - 5:00 pm
Monday - Friday

 

 

Disclaimer

This is the official website of the California Conference of Arson Investigators.

The information published on this website... more... 

 

Login