Thoughts on "CAUSE & ORIGIN"
The development of NFPA 921, Guide for Fire and Explosion Investigation, and recent court decisions pertaining to the reliability of scientific evidence and expert opinions such as Kumho Tire Co. v. Carmichael and Daubert v. Merrell Dow Pharmaceuticals, Inc., continue to change the rules of fire investigation. These changes have advanced the profession by requiring that investigators use the scientific method and base their opinions and conclusions on science and not on experience alone.
Fire cause & origin determination is the applied science of finding out where, how, and why a fire has started. By carefully observing and accurately interpreting smoke, heat, and fire effects on combustibles and other materials like metals, an investigator is guided to what is known as the "area of origin" of a fire.
So what should ask to get the investigation started right?
- What caused the fire in this case?
- Could the fire be the result of a manufacturer’s defect or improper service/repair work? What was the condition of the engine and transmission prior to the fire?
- Is there a likelihood of arson?
- Can subrogation be successfully pursued in this case?
Typically, we need to determine the area where the fire began, and the investigator then sorts through it in search of potential ignition sources, examining each closely.
Once all the potential ignition sources are found, the weeding out process begins, and an ignition source which best fits the fire's circumstances is finally identified as the others are ruled out. This methodology applies to just about any fire scene, whether it be at a car, a boat, a house, or a factory. 
Questions typically asked:
Isn't investigating a fire the fire department's job?
The fire department has a lot of jobs, and determining a general fire cause is usually one of them. But although firefighters are trained in fighting fires, few fire departments have investigators specifically trained in chemistry, electricity, and other technical aspects of fire causation investigation.
Mainly for statistical purposes, fire department reports typically list the suspected fire cause in more or less general terms (i.e., electrical, smoking, etc.) if the cause was accidental. If the fire was intentional, the fire marshal must prove a crime was committed, but only rarely are criminal charges actually filed - mainly because 84% of arson cases remain unsolved.
Mainly for statistical purposes, fire department reports typically list the suspected fire cause in more or less general terms (i.e., electrical, smoking, etc.) if the cause was accidental. If the fire was intentional, the fire marshal must prove a crime was committed, but only rarely are criminal charges actually filed - mainly because 84% of arson cases remain unsolved.
Who else investigates fires?
Forensic engineers (and some private investigators who typically have law enforcement or fire service backgrounds) also determine the origin and cause of fires.
These investigators are usually independent contractors who mainly work for insurance companies, but sometimes also investigate fires or a fire's affects for attorneys, private individuals and companies. Origin and cause investigations are usually conducted with the cooperation of the local fire department and municipal investigators.
The forensic engineers' investigations are typically more technical in nature and more detailed, and are especially useful for potential "subrogation" cases and fires of a technical nature (electrical failures, for example).
These investigators are usually independent contractors who mainly work for insurance companies, but sometimes also investigate fires or a fire's affects for attorneys, private individuals and companies. Origin and cause investigations are usually conducted with the cooperation of the local fire department and municipal investigators.
The forensic engineers' investigations are typically more technical in nature and more detailed, and are especially useful for potential "subrogation" cases and fires of a technical nature (electrical failures, for example).
What's a "forensic" engineer?
Just about any type of occupation can become a "forensic" one. There are forensic pathologists ("Quincy"), forensic engineers, even forensic accountants. "Forensics" deals with arguing your case, whatever your expertise may be, in court.
Engineers are technically trained in physical sciences, and many also become qualified through further experience and training to argue about fires and accidents.
What's "subrogation"?If an appliance fails and causes a fire, or if a repairman does shoddy work and a fire results, insurance companies will occasionally demand reparation for the ensuing damages in an action known as subrogation, and many times they'll use an independent forensic engineer's report to convince the other insurance company that their insured was responsible for the fire.
If a hair dryer catches fire, such as the one pictured at left, the forensic engineer must determine not only that the dryer caused the fire, but he must also be able to explain the technical details of how the hair dryer failed and why. Based on the report, the manufacturer's insurance company will then be asked by the homeowner's insurance company to pay for the damages.
The manufacturer's insurance company will typically retain its own fire expert to review the other's report, and the case is then settled or argued later in court.
Engineers are technically trained in physical sciences, and many also become qualified through further experience and training to argue about fires and accidents.
What's "subrogation"?If an appliance fails and causes a fire, or if a repairman does shoddy work and a fire results, insurance companies will occasionally demand reparation for the ensuing damages in an action known as subrogation, and many times they'll use an independent forensic engineer's report to convince the other insurance company that their insured was responsible for the fire.
If a hair dryer catches fire, such as the one pictured at left, the forensic engineer must determine not only that the dryer caused the fire, but he must also be able to explain the technical details of how the hair dryer failed and why. Based on the report, the manufacturer's insurance company will then be asked by the homeowner's insurance company to pay for the damages.
The manufacturer's insurance company will typically retain its own fire expert to review the other's report, and the case is then settled or argued later in court.
What about intentionally-set fires?After an intentionally-set fire (popularly known as "arson") is investigated by the fire department or fire marshal, the case may or may not get the support of the district or state attorney, depending on the strength of the evidence.
If it does go to criminal trial, the evidence presented to a jury must be able to overcome the "reasonable doubt" concept which applies to innocence or guilt. This isn't always possible with a clever fire-setter who starts a fire to collect insurance money. The conviction rate nationwide remains consistently at a paltry 2%.
If such a fire was intentionally-set but no charges are filed or the arsonist walks, forensic engineers can often provide the insurance company with an extra safety net. Based on the investigator's report and the background information their own internal SIU (Special Investigations Unit) provides, an insurance company can deny the insurance claim of losses resulting from the fire.
In such a case, though, a civil trial can result and the insurance company must prove that it had reason to believe that the fire was intentionally-set for insurance fraud - and the independent fire investigator is then called upon to argue his position.
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