Successful Fire Investigations From One Assistant Attorney General’s Perspective (Presented by: Mike Rollinger)

Why Investigate Fires?  Information  Prevention  Accountability  Criminal  Civil

Keys to Successful Fire Investigation  Investigator  Investigative Support  Investigation  Report of Investigation  Timeliness  Proof of Damages

Assignment of Investigator  Follow PR  Triage Approach  Must qualify investigator as expert

Investigator Support  Time and resources  Investigative assistance

Investigation  Prompt initial response to scene  Identify origin and potential causes  Tie proof of fire cause with proof of basis for liability  Answer who, what, where, why, when, and how  Anticipate defenses

Fire Causes  Natural  Human  Intentional, malicious or reckless  Negligent  Other

Negligence = Conduct (No Intent or State of Mind Involved)  Requires proof of four elements  Duty or Obligation (a.k.a. Standard of Care)  Breach of Duty or Obligation  Causation between Breach and Damage  Loss or Damage

What is Applicable Standard of Care?  No Magical Set of Rules  Look to Law, Regulations, Code, Ordinances  Ordinary Reasonable Person (ORP) Standard  Risk of Harm  Gravity of Harm  Social Value of Interest Threatened  Social Value of Activity

Guides to Identify Standards of Care  Industry Practices  Custom in the Community  Past Practice or Custom  Common Law

Examples  Big Muddy  Oh Rats

Report of Investigation  Complete story in documented form  Self-explanatory (stand alone)  Explains what happened and why party is/is not liable  Findings supported by evidence  Facts vs. unsupported conclusions  Rules out alternative causes

Timeliness  Primary duty of investigator until finished  Timely review and follow-up  Quality/quantity of evidence decreases with time  Get it right the first time

Proof of Damages  All costs authorized or later approved  Reasonable and necessary  Safeguards to control costs  Authority to recover costs for DNR and others

Criminal Citations  Issue when appropriate  Violations of RCW (reckless burning, negligent fire spread, etc.)  Violations of orders or rules in WAC (burn permit violations, etc.)

Areas for Improvement  Selection, training and experience of investigators  Timeliness  Understanding basis for liability  Incomplete reports of investigation  Assessment of ability to hold potentially responsible party financially accountable

The End Questions?