INVESTIGATION OF ANY FIRE, ACCIDENT OR DAMAGE TO PROPERTY
Arson for profit indicators
• Hidden damage of property prior to loss (ie; Termites)
• Fires during remodeling (found too much work needed)
• Policy about to expire or new policy
• Vacant buildings with no potential - Building 4-Sale
• Financial distress indicated - Recent Bankruptcy
• Fire occurs between 2am - 5am
• Insured removes items just before fire
• Family Photos, Prescriptions, Tooth Brushes, Trophies, etc. not found at
scene
• Area of greatest damage and fuel load do not match
• Inside family pet survived fire
• Prior fire losses (especially similar circumstances)
• A build-up of previous losses/claims amounts
• Normal living items missing or replaced with obvious junk
• Fire occurs while gone for 3 day weekend (especially businesses)
w/Insured out of town
• Unreasonable delay by Insured of reporting loss
• Fire/Burglary Alarms and/or Sprinkler inactive at time of loss
• Recent adverse notices to Insured by City Government
• Doors locked at time of fire/Firemen had to force enter - limited number
of keys
• Tips phoned in to Company/Agency/Police/Fire Dept. naming insured
• Insured provides detailed inventory loss quickly after fire
• Insured sends others to provide loss information
• Recent divorce or break-up
• Recent business partner split or dissolution
• Unpaid Property Taxes/Sheriff Sale imminent
• Recent job loss
• Insured recently arrested or sued (needs atty. fee)
• Contract seller with separate insurance/history of loss
• Business fires with windows covered just prior to loss
• Recent medical problems without proper insurance
The United States has one of the highest fire death and injury rates in the industrialized
world. Burn victims and their families endure extreme physical and emotional trauma at
the time of injury, during treatment and after recovery, if any. When fire kills, family
members must deal with the often-horrifying nature of the death. Any personal injury
claims for burns and deaths caused by fire present complex legal and factual questions.
The best chance of obtaining compensation for all the losses you and your family have
suffered is in obtaining the guidance of an attorney experienced in all aspects of fire
investigation and recovery.
Claims for injuries and losses caused by fire generally occur under the legal theories of
negligence or product liability. Negligence is the legal term for the failure to do or not do
what a reasonable person would, in a similar situation, to protect others from
foreseeable risks. Building owners, landlords, architects and even firefighters have
been held legally responsible for fire losses because of negligence. Product liability
refers to the legal responsibility placed on manufacturers and sellers of defective
products. If it can be proved that a defective product caused a fire, spread the fire, or
failed to operate properly to suppress a fire, then product liability may allow recovery
against the manufacturer or seller of the defective product. Often catastrophic or large-
scale fires involve recovery under both legal theories, particularly when there are
multiple injuries or casualties.
Liability for Fire Damage
A fire is a catastrophe for the owner of a building. Even if no people were injured, and
even if the building was not destroyed, the damage can be very expensive and time-
consuming to repair. Finding the person or company responsible for the fire and seeing
that they are held responsible is an important step in recouping your damages and
minimizing your financial loss. Fixing the liability for fire damages is, however, a difficult
matter. You need an attorney experienced in fire-related litigation to handle such a
complex case.
Who Started the Fire?
Arsonists are not the only ones who set fires. Most fires are not set intentionally, but are
caused by carelessness. There are countless reasons a fire could start in a building. It
could be as simple as a smoker disposing of a cigarette while it still is lit. Cleaning
materials or waste paper might have been stored improperly, giving a fire a place to
start. Electrical wiring may have worn out, or been installed improperly in the first place.
Setting a fire, even unintentionally, is a very easy thing to do. There are almost as many
different ways to set a fire as there are fires, and a person who sets a fire negligently
may be held liable for some or all of the damage caused by the fire.
Preparing for Litigation: Suggestions for Burn Victims and Their Families
In the days following a fire, a lawsuit is often the last thing on the minds of burn victims
and their families. However, there are steps both the fire loss survivor and their next of
kin can take to help establish a claim for the losses, pain and suffering caused by the
fire. Understanding the likely course of treatment and having a plan ready for each step
along the way will empower all involved and provide true assistance for the long run
health and welfare of the entire family. Ultimately, the information you provide the
investigator may prove a key element to success in settlement discussions and at trial.
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