Recent fires in Huntington have brought to light the pain that can be inflicted from a fire loss.  In terms of property damage, business interruption and loss of life, a fire can start a long period of disruption and suffering for its victims. However, in dealing with a fire loss, it is critical that in the rush to return to a state of normalcy, the fire loss victim does not become a victim twice.

A fire scene is like an archaeological dig. The layers of rubble tell a story about how the fire started, how it progressed and potentially what caused it. Fire cause and origin experts, who have training and experience in analyzing fire loss scenes, can get an understanding as to the fire’s beginning and spread, in an effort to come to an understanding as to why and how the fire started. However, for a proper investigation, it is critical that the fire scene be maintained as close as possible to the condition of the property after the fire was extinguished in order to conduct a thorough examination.

The need for a proper cause and origin investigation often conflicts with the homeowner's or business owner’s desire to return to the state of normalcy as soon as possible.  However, a homeowner or business owner who does not allow or permit time for a proper investigation could end up being a victim a second time, in the form of a lawsuit. 

Through several recent decisions, the West Virginia Supreme Court of Appeals has recognized the doctrine of spoliation of evidence. Spoliation of evidence is the altering, loss or destruction of evidence that could be crucial in determining the issues in a subsequent lawsuit. In the case of a fire loss, the primary question is often how and where the fire started. Fires occur because some material reached the point of combustion. While often the cause of the fire is the result of carelessness with combustible materials, some fires are caused by failures of mechanical or electrical products within the building. In those instances, the manufacturer and distributor of those products, or those responsible for maintenance of the premises, may be liable for the fire and the resulting losses.

While it is critical for the homeowner or business owner to have an understanding from the expert as to the cause of the fire, it is just as critical that any potential defendants have the opportunity to inspect the fire scene to make their own determination as to the cause and origin of the fire. A homeowner or business owner who conducts his own investigation and then alters the fire loss scene may be prevented from offering a theory on cause and origin in support of his or her case. That may be critical to the maintenance or defense of a lawsuit to recover damages.

Furthermore, a homeowner or business owner who intentionally destroys evidence of the fire scene may themselves be subject to a lawsuit for spoliation of evidence for the damages that a third party may not be able to recover due to loss of evidence necessary to prosecute the case.

A party that reasonably anticipates litigation has an affirmative duty to preserve relevant evidence. In the case of a fire loss, litigation is almost certain unless there is a clear, accidental cause. As a result, if you are involved in a fire loss, don't compound your injuries by rushing to put your life back to normal. Allow the time for a thorough investigation by any interested party as a part of your effort to gain closure.