When it comes to fire investigations, do subrogation professionals really know what is going on at a scene inspection? Is a product manufacturer's defense team being called to a fire scene with real reason -- or just a hope that a wallet will open? Those are but a few of the questions and aggravations addressed in this morning's session, "The Defense - What Are Their Expectations?" at the National Association of Subrogation Professionals' annual conference taking place at the Broadmoor Hotel in Colorado Springs, Colo.
"We are frustrated on the defense side because often we will show up to a fire scene and realize the proper homework hasn't been done," said Ted Tedford, an attorney with Tedford & Henry, LLP. "In many cases, there are short cuts being taken, and there is no attempt made to really figure out where the fire started. In some cases, a simple list of products found at the scene is collected and those companies are put on notice."
Tedford's co-presenter, Fire Investigator Robert Schroeder of Schroeder Fire, said that those called to an examination on the scene should be given proper explanation and reasoning.
"There are incredible costs being incurred by the people put on notice," said Schroeder. "There is a responsibility for the people 'throwing the party' to be prepared and to have done their homework so when the interested parties arrive, they are given adequate information via a briefing, they understand what has occurred at the scene, and they are told what's happened after the event. They should feel like they are there for a real reason."
Tedford thinks part of the problem may be that many subrogation professionals do not know what is going on at a scene. He wants them to know that, in addition to getting more educated on fire science, they should go to a scene so they can better communicate with the experts and lawyers that they hire to represent them. When that is accomplished, subrogation professionals will be more likely to convince product manufacturers that they are indeed responsible.
"Some subrogation professionals may not really know what's going on in field," said Tedford. "They may not know that these experts are out there not really doing the investigation that the subrogation professional thinks is being done, and they don't have enough experience to know they are not getting the full story and they don't know what questions to ask."
If subrogation professionals and their experts and attorneys are not running the scene in a professional manner, if notice letters and the information provided to the interested parties are inadequate, the stage is set for a credibility issue.
"If you're conducting the investigation in anything but a thorough and professional manner, which includes being sensitive to the defense and their needs, timing, and the kind of information not only that you need to bring with you but also the information that needs to be extracted from the scene -- information on physical evidence, what was and was not acting up from a product standpoint -- then the defense team will not take you seriously," said Schroeder.
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