When the going gets tough, the fires get going.
With people staying home and non-essential businesses being closed, the financial stress on some people and businesses is increasing daily. Governments are attempting to subsidize those hurt by the impacts of Covid on the economy, but there will be some or many who are pushed to take extreme acts such as burning a property and hoping for insurance money to bail them out.
Arson fires happen all year round but the incident rate increases during times of financial hardship. When we look back at statistics after this crisis ends, the pattern will probably be clear to see. Government investigators also look for incendiary fires for criminal charges, but their reports are often slow and may not be satisfactory for civil purposes, so hiring an independent expert is advisable.
Experts on cause will look for reliable evidence to prove the cause of the fire. Accelerants found on a site where none were stored before the fire, multiple points of origin, and other evidentiary items listed in the NFPA 921 Guideline for Fire and Explosion Investigations, can all be used to prove the cause in a court of law. Our experts are trained using this Guideline.
In court three aspects are considered by the judge or jury, the cause of the fire, a motive for an incendiary fire, and opportunity for a person to set the fire.
For an incendiary fire case to be successful in civil or criminal court, the judge needs to hear from an expert on what caused the fire, that means the area of origin, the source of heat for ignition and the first fuel ignited must be identified along with a scenario to explain how the required elements came together for ignition.
They then want to hear evidence about who had an opportunity to set the fire, such as key holders to a building that was locked if there was no evidence of break-in, and then hear evidence about who had a motive, normally financial but in some cases other motives are found. These are the who-done-it considerations for the judge to decide upon.
Once the judge is satisfied the fire was intentionally set and who was responsible, the case can succeed.
Of course most fires are accidental. The frequency of house fires will probably increase as a result of more activity in the home now, cooking, using solid fuel stoves and fireplaces, and putting a heavier load on electrical systems. Extension cord failures are a common cause of accidental fires.
Take a good look at fire scenes with an open mind, and get a detailed statement from the insured and witnesses. Early collection of crucial evidence in photographs can be very valuable later in court.
Make sure your fire expert is properly trained and court tested before you hire them. Finding out at trial that your expert wasn’t the best one for the job can be an expensive lesson.
Stay healthy everyone.