Matt Spaier interviews attorney, Leandros Vrionedes, on the investigative process involved in these incidents:
Why do we investigate fires? NFPA 921, Guide for Fire and Explosion Investigations states, ”Fire investigation or analysis and the accurate listing of causes are fundamental to the protection of lives and property from the threat of hostile fire or explosions. It is through an efficient and accurate determination of the cause and responsibility that future fire incidents can be avoided.”
Public fire departments and fire prevention divisions can utilize the data obtained from these investigations to inform on their fire prevention efforts and firefighting tactics. Through the investigative process trends can be identified that will improve public education efforts and allow for community risk reduction (CRR) efforts to be maximized. By having a clear understanding of what is causing these fires and explosions similar occurrences can be prevented or mitigated against. It is only by the conduct of thorough fire and explosion investigations that a holistic fire prevention program can be established.
In 2000, the U.S. Department of Justice published, Fire and Arson Scene Evidence: A Guide for Public Safety Personnel. This guide stated that, “Fires of accidental cause need to be identified, so that dangerous practices…can be eliminated by public education, or so that defective or dangerous products…can be taken off the market or modified so they no longer pose a significant fire risk. Fires of incendiary (i.e., deliberate) cause must be detected, so that the firesetter can be intercepted before doing more harm and punished as necessary.”
In the private sector, our goals of fire prevention and life safety are the same. However, we are driven more by the “responsibility” factor that this statement speaks to. When a fire occurs, and a life is disrupted, a home destroyed, responsibility needs to be addressed. The follow-up to this is to ensure that the responsible party takes steps to right the wrong, and prevent future incidents and losses.
Mark S. Roth discusses this in his book, Mr. Subro: War Stories & Lessons Learned From a Subrogation Lifer. In the introductory chapter he defines the term “subrogation”. “The word subrogation literally means “to substitute” and has been firmly rooted in the English common law since the 18th century. The goal of subrogation is simple. It is to assure the party causing a loss does not escape legal responsibility based on the fortuity that the injured party had insurance. To achieve this result an insurance company, after paying a claim, “stands in the shoes” of its insured to recover the amount paid from the responsible party.”
Why do we investigate fires? We investigate fires because prevention of future incidents and holding people and products responsible for their negligent actions is critically important to life in a functionable society. It is from the data gleaned from the investigative process that codes and standards can be developed, defective products improved, and negligent practices abandoned.
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