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Re: Almost had a fatality from the fire.


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Posted by RodInNS on May 21, 2010 at 05:40:14 from (216.118.158.123):

In Reply to: Re: Almost had a fatality from the fire. posted by 135 Fan on May 21, 2010 at 00:25:47:

No, you would not have been blamed. It's their scene; they're in control of it and they're responsible for it until they hand it off to you... at least in terms of a structural fire. What you may not realize is that their authority as a fire agency supercedes your rights as a land owner so far as it is necessary to extinguish the fire. I don't think that point really gets pushed too much unless it really becomes necessary tho.
That would probably not be followed too strictly with grass/brush/forest fires but when it comes to structural fires it's followed very strictly.
If you lost a building, particularly an insured building, and the origin of the fire was unknown... or even a relatively minor fire... that scene would be locked down and security placed on scene until such time as the investigation can be completed. They would need to retain control to maintain continuity of the evidence. If that chain of custody is not followed then the fire service has no way to protect itself against lawsuits down the road. Someone could always say that evidence was tampered with...
There are several ongoing lawsuits in this area right now with various volunteer departments where they put out mabey a relatively minor fire only to be called back 3 hours later to cool the ashes down and inspect the basement... Naturally, the insurance companies and the owners want to insist that the fire wasn't out or rekindled. In all likelyhood, the second instance was no different than the first instance... where the fire had 'help'... and if insurance sees an oppertunity to sue the fire department/municipality to recover their loss, then they sue.
In many cases it can no more be proven that the fire was set than it can be proven that it rekindled... but after these things drag on in court and lawyers argue back and forth... it generally gets settled rather than keep the battle up.
So... at least around here, we've become very, very serious about maintaining control of a scene... and if need be the owner is told to sit tight until such time...

Rod


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