General Fire - Explosion Investigation Procedure

The following is a general description of the procedure followed in a generic fire or explosion investigation.

After the incident occurs, the authorities are notified, usually it’s the fire department.

Whoever is the Authority Having Jurisdiction will do their investigation. This is usually the local fire marshal for a fire, it is the Texas Railroad commission for a fuel gas explosion, it is the ATF whenever there is a suspected explosive involved or in special circumstances.

Frequently small jurisdictions that do not have the resources will request assistance from the ATF in order to perform an investigation to determine the origin and cause. The criminal investigation will involve the classification of the fire/explosion. Classifications are 1) Incendiary (Arson), 2) Accidental, 3) Natural; and 4) Undetermined.

After the fire marshal, ATF, or Texas Railroad commission has completed their investigation they will release the scene for the insurance company investigation.

During all this time, the scene must be maintained secure with no manipulation of the evidence or disturbing of objects at the scene. Frequently there is some minor manipulation of the evidence during the criminal investigation; this is an obstacle that the insurance investigators have to work around.

After the criminal investigation is complete and the scene has been released, the insurance investigators can do their joint inspection. All interested parties should be placed on notice in order to participate in a joint destructive examination. Examination typically will continue until it is completed, frequently evidence is collected and returned to laboratories for additional testing.

The second stage in the insurance investigation typically involves engineers or other specialists who will do an examination or further testing away from the scene, usually in a laboratory environment.

After the laboratory examination was completed and all parties have had ample participation in the investigation each of the parties will typically generate written reports with their findings. The discovery phase then begins with the taking of depositions, or arbitrations, and potentially trials.

Insurance companies will subrogate their losses if there are other responsible parties. Subrogation is the insurance/legal term for a lawsuit.

A destructive examination is one that destroys or has the potential to destroy evidence. Any potential defendants must be given the opportunity to investigate a claim before destroying the evidence.

Manipulating or disturbing the evidence will negatively affect the various parties’ ability to properly investigate or defend against a claim of liability.