Practice Tip: Explosion and Fire Litigation

How can perfectly legitimate approaches be so varied? One reason is that the spectrum of challenges inherent in fire and explosion litigation can and should stimulate creative responses. One size does not fit all. The optimal response, however ' whether at the still-smoking scene or at post-fire artifact examinations ' is predicated on employing experts from at least three disciplines: 1) An expert on the product; 2) An expert in fire origin and cause; and 3) Expert counsel. Instead of trying to select team members based on sketchy information, the governing principle should be to start with a minimum of three people in these key disciplines.

With the first notice of an event, a standard practice is to respond immediately with a request for preservation of evidence and data. It is useful to put in writing to the notifying party the expectation that ASTM E 1188 (collection and preservation of evidence), ASTM E 678 (evaluation of technical data), ASTM E 860 (examining and testing evidence) will be followed by those in control. Of course, National Fire Protection Association (NFPA) 921 protocols also will apply to all aspects of the investigation.' Depending upon the scope and complexity of the event reported, it might be wise to emphasize adherence to NFPA 921's Chapter 27, “Management of Complex Investigations.” Follow-up communication might even carry a reminder that all fire investigators should be qualified under NFPA 1033.