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Litigation Legal considerations abound in fire investigations. Fires are investigated for many reasons, and by many government, profit, and non-profit agencies. Consider this scenario: A fire destroys a dwelling. Arson is suspected. The insurance company wants an investigation before they pay; the police want an investigation because arson in illegal. It is determined by the police investigator that no foul play is involed, but the insurance investigator wants to dig deeper: Perhaps the fire was the result of gross negligence, or something else that insurance companies do not cover. Authority to Conduct the Investigation Many different agencies may want to investigate a fire.Police: In case of foul play. Insurance Companies: To settle a dispute or verify a claim. Right of Entry An investigator with legal authority to conduct an investigation does not automatically have the legal right to conduct the investigation. Like many other types of investigation, fire investigation have rules and regulations that control the rights of entry. Ignoring these rules can lead to inadmissible evidence, or charges of trespassing or even obstruction of justice against the investigator. Even with a legal right to enter a property, an investigator does not have free reign. For example, an investigator would need special permission to enter a crime scene. Topics to add: a bit more about investigation types:ArsonCivil LitigationInsure CompaniesAlso add a bit about evidence collection, testimony and “expert witnesses”
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