Fire and Explosion

Overview                                                                                                                                                                                      

A devastating fire, explosion, or other catastrophic loss presents complex issues requiring immediate and effective handling. If the event results in significant property damage, business loss, injuries, or fatalities, Robinson+Cole's fire and explosion lawyers can quickly be on scene, ready to lead the investigation and minimize any adverse effects to our client.

The rules regarding spoliation of evidence are changing rapidly. Manufacturers accustomed to receiving notice of product liability claims months or years after the loss occurred are now being invited to examine the incident scene within days or weeks. Most manufacturers take advantage of the opportunity and participate to some extent in the scene investigation but do not fully investigate the loss.

Investigating a loss caused by a fire or explosion involves more than sending a specialist or engineer familiar with a product to the loss site. A proper fire or explosion investigation requires determination of  these factors:

• the source of ignition or detonation
• the first fuel ignited
• the circumstances that brought the ignition source in contact with the first fuel
• why the fire was not suppressed or controlled by the fire suppression system
• what factors allowed the fire to spread beyond the area of origin

Our Services

Our Fire and Explosion Group is highly experienced in leading investigations. We provide immediate response to a catastrophic event by assembling a team of investigative experts who go on scene to preserve evidence, interview witnesses, and document information from appropriate authorities. Although a product might not function as designed, a proper investigation may show that its failure to perform as designed is not the cause of the loss. For example, the fire might have started in a product, but an investigation may reveal that the product was altered after it left the factory. Or, an investigation may show that a fire suppression system designed to protect a particular area, although it did not function properly, did not contribute to the loss because the fire started outside of the protected area.

Our Team

Robinson+Cole's Fire and Explosion Group has the national experience to help companies minimize liability claims and the business impact of a catastrophic fire loss. Our lawyers work with a nationwide network of top forensic professionals who can promptly respond to a loss site anywhere in the U.S. Together, we approach the following tasks head on:

• investigating fully the root cause of the loss
• analyzing the potential liability
• when appropriate, helping adverse parties identify the persons or entities legally responsible for the incident and damage

A thorough early investigation can help avoid most litigation and may save significant expenses in the long run. Additionally, we regularly communicate with governmental agencies and guide our clients through the legal ramifications resulting from a governmental investigation, including the following:

• OSHA
• EPA
• ATF
• state and local fire marshals

Members of Robinson+Cole’s Fire and Explosion Group regularly present on fire and explosion topics throughout the country. We have a strong connection with the fire science community and are actively involved in many fire organizations, including the following:

• the National Fire Protection Association’s 921 Technical Committee, where we helped write the book on the industry standard, NFPA 921: Guide for Fire and Explosion Investigations

• the National Association of Fire Investigators
• the International Association of Arson Investigators, as well as some of its local chapters
• the International Fire Service Training Association and the committee that authored Introduction to Fire Origin and Cause (3rd ed.)
• the International Association of Fire Investigators’ Attorney Advisory Committee