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 

Assembly Bill #937

Introduced by Assembly Member Smyth

February 26, 2009

The following is from

www.leginfo.gov:

An act to add Section 12314 to the Penal Code, relating to destructive devices.

AB 937, as introduced, Smyth. Destructive devices: registration. Existing law requires that violators of specified arson laws register their names, addresses, and other specified information with the police or sheriff in the jurisdiction where they are residing or are located, within specified time limits, and with certain

conditions. Additionally, these violators must register with the campus police chief of any public college or university where they reside or are located. Failure to register is a misdemeanor. Under existing law, certain administrative duties are imposed on county probation departments and the Department of Justice relating to the collection and dissemination of information from registrants. Existing law defines various crimes relating to the possession and use of destructive devices. This bill would impose registration requirements parallel to those applicable in arson cases on violators of certain laws regulating the possession and use of destructive devices, as specified. Parallel obligations would be imposed on public agencies relating to the collection and dissemination of information from registrants. By creating a new crime and requiring county officers to undertake additional duties, this bill would impose state-mandated local programs. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Vote: majority. Appropriation: no. Fiscal committee: yes.

State-mandated local program: yes.

A full description of this proposed bill is at:

http://www.leginfo.ca.gov/pub/09-10/bill/asm/ab_0901-0950/ab_937_bill_20090226_introduced.pdf

Banner

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...