Fire Science & Negligence

The same principles used in defending fire science/product liability cases are used in defending claims that an act of negligence caused a particular fire. Whether the claim of negligence is against an electrician for improper wiring, a plumber for inappropriate use of a soldering torch, or an inspection company for inadequate assessment of a fire hazard, the fire science concepts are the same.

First, we determine the area of origin of the fire. Before liability can attach, one must determine if the fire even originated where it is claimed to have originated. If an opponent has incorrectly identified the area of origin, then by definition the claimed ignition source is inaccurate. We look at fire patterns, fire growth and spread evidence, and arc mapping to determine the area of origin. If the claimed area of origin can be challenged, the client can be exculpated.

Second, we examine the potential ignition sources in the area of origin. That includes assessing and eliminating each potential ignition source in the defined area of origin through a systematic scientific approach. If more than one potential ignition source remains in the area of origin, and a reduction to a single source cannot be made, then the client can be exculpated.

Third, we analyze whether the available combustible materials near the claimed ignition source are proper combustibles for the claimed ignition source. For example, a smoldering cigarette or burning match is rarely, if ever, a competent ignition source for structural members such as 2x4 studding.

Likewise, even the hottest ignition source cannot "burn" fiberglass insulation. Analyzing competent ignition sources and available combustibles is especially important in electrical fires, electrical events such as arcing are competent ignition sources for some combustibles, but not others.

In evaluating any fire claim based on negligence, we look to the facts, the evidence, and fire science to evaluate the claim. By applying fire science principles to the known facts, we are frequently able to exculpate a client unjustifiably blamed for negligence in causing a fire.