3410 Industrial Blvd., Suite 100
West Sacramento, CA 95691
(916) 376-0486
(916) 376-0478 Fax
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The Cole Law Firm

Subrogation Law Since 1972

The Cole Law Firm

3410 Industrial Blvd., Suite 100
West Sacramento, CA 95691
(916) 376-0486
(916) 376-0478 Fax
This email address is being protected from spambots. You need JavaScript enabled to view it.

Subrogation Law Since 1972

The newest edition of NFPA 921 contains a definition of evidence, to
include the fire scene. Section 9.33.6.2 defines the responsibility of the fire investigator to preserve evidence. Evidence is defined broadly, and
includes the scene itself. 921 requires the investigator to preserve the
evidence/scene until all “interested parties” can be put on notice to inspect the scene. Sections thereafter deal with other aspects of evidence handling.

This duty is to be adjusted, depending on circumstances. Those
circumstances include the weather, protection from theft/vandalism, and
other destructive forces.

This means that the property adjuster, subro/recovery unit, and
subrogation attorney must work together to identify “interested parties”,
and to thereafter immediately place them on notice to inspect the scene
before further destruction/demo activities occur.

In the context of a property fire, interested parties may include the
construction team of general contractor, subcontractors, manufacturers of products included in the property, such as water system (toilet, water
heater, etc.), electrical system, and the like.

In the context of a water loss, it will include the same type of interested
party definition.

In a construction defect loss, it would also include the design and
engineering team.

NOTE: In hiring experts to examine fire, water and other losses, be sure
to use experts familiar with NFPA 921. NFPA 921 will be viewed as a
guide to investigation of losses other than fire.
Ballots are the rightful and peaceful successors to bullets.
- Abraham Lincoln
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