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

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

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

4. Assignment of Investigator  Follow PR 20-001-512  Triage Approach  Must qualify investigator as expert

5. Investigator Support  Time and resources  Investigative assistance

6. 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

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

8. 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

9. 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

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

11. Examples  Big Muddy  Oh Rats

12. 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

13. 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

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

15. Criminal Citations  Issue when appropriate  Violations of RCW 76.04 (reckless burning, negligent fire spread, etc.)  Violations of orders or rules in WAC 332-24 (burn permit violations, etc.)

16. 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

17. The End Questions?