Working PIby Aaron Johnson, CFEI, CVFI
When flames ignite more than just buildings—when they injure, displace, or even kill—there’s often more than a charred structure left behind. There’s a case to be built, and private investigators are increasingly becoming pivotal players in that process. Fire scenes are complex and emotionally charged environments. They carry with them not only physical damage but also layers of legal, financial, and human implications. For personal injury attorneys, the ability to accurately determine how and why a fire started, and how the structure or circumstances contributed to a death or injury, can mean the difference between a dismissed case and a multimillion-dollar settlement. That’s where subject matter experts (SMEs) in fire investigation, fire protection systems, and fire and building codes can come into play.
In the realm of personal injury litigation, causation is everything. Attorneys must not only prove that their clients were harmed but also demonstrate that someone—or something—was responsible for the harm in a legally actionable way. Questions quickly arise: Was the fire truly responsible for the injury, or was there a pre-existing condition? Did the victim contribute to their own harm, or was someone else negligent? Was it a product failure, a code violation, or even intentional misconduct? Outside of origin and cause investigations, fire investigators can bring clarity to these cases. They can do this through case review, property records, and code compliance determinations. This in-depth analysis of the entire product or space, not just the isolating incident, will help to establish not just what happened, but who is responsible and why.
Understanding the investigative process is vital for both attorneys and the private investigators who assist them. Investigators examine all available documentation: fire department reports, police interviews, building permits, inspection reports, witness statements, photographs, surveillance footage, and insurance records. During this review, the investigator is looking for inconsistencies in witness accounts, indicators of prior code violations, past complaints about faulty systems, patterns of deferred maintenance, or missing life safety features such as smoke alarms or fire doors. The goal is to begin forming a timeline of events, identify potentially responsible parties, and flag areas where further physical or forensic investigation is needed. For instance, a building permit that doesn’t match the actual construction could suggest unpermitted work, while an inspection report noting violations that were never corrected could demonstrate negligence.
These real-world case examples highlight how impactful a thorough and well-documented fire investigation can be in uncovering the truth and in shaping the legal strategy that follows. A tenant living in a multi-family apartment complex suffered severe burns in a kitchen fire. The subsequent investigation revealed that the property owner had not only disabled the smoke detector but had also ignored repeated complaints about a known electrical issue. These findings clearly established the landlord’s negligence and shifted liability in a way that led to a favorable settlement for the tenant. In another case, a child was seriously injured when a portable space heater exploded. While initial reports pointed to user error, a fire expert’s analysis uncovered a critical defect in the heater’s thermal cutoff switch—a safety mechanism that should have shut the unit down before it overheated. This discovery transformed what appeared to be a routine insurance claim into a successful product liability lawsuit. In a third case involving a structure fire with an injured occupant, the fire investigator conducted a thorough review of the building’s history, code compliance records, and witness testimony. The expert determined that several exit doors had been illegally boarded up, leaving the structure with fewer than the code-required amount of means of egress. This violation was a key factor in the injury and provided the attorney with powerful evidence to bring to the bargaining table.
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The SME in fire protection, code compliance, and fire investigations can be called upon to provide other types of support for the legal team. This can include helping attorneys understand technical data, creating visual aids or models, and providing testimony at trial or deposition. For private investigators working in personal injury cases, understanding this workflow is key to integrating the expert’s findings into the broader case narrative. The PI serves as a bridge between the expert and the legal team, translating complex findings into actionable intelligence that attorneys can use. By connecting legal teams with qualified fire investigation experts, or by incorporating these experts into their own investigative workflow, the investigator becomes indispensable.
When selecting an expert to work with, the private investigator should ask questions about their training, investigation methods, previous testimony, and familiarity with applicable codes. Fire experts hold credentials from one of two certifying bodies. The National Association of Fire Investigators (NAFI) provides the Certified Fire and Explosion Investigator (CFEI) and the Certified Vehicle Fire Investigator (CVFI) designations. The International Association of Arson Investigators (IAAI) issues three primary certifications: the Certified Fire Investigator (IAAI-CFI), Fire Investigation Technician (IAAI-FIT), and the Evidence Collection Technician (IAAI-ECT). These certifications signify that the expert has met rigorous standards and is well-versed in investigative methodology. In many cases, fire investigators are also licensed private investigators, which expands their scope and authority in casework. Experience as a fire marshal or fire or building code official adds weight to their opinions—particularly when code compliance and safety regulations are in question.
Fire investigation is no longer a niche service reserved for arson or insurance cases. In today’s litigation environment, especially in personal injury, it’s a strategic asset. For private investigators, embracing collaboration with fire experts is a professional imperative. Doing so not only improves outcomes for clients but also elevates the reputation and results of the investigator involved.
For those looking to sharpen their edge in personal injury cases, now is the time to build relationships with credible fire investigators and understand how their work can complement your own. With the right partnership, you’ll not only uncover the facts, but you will also provide added value to your personal injury attorneys and clients.
About the Author
Aaron Johnson is a fire protection consultant, certified fire investigator, and licensed private investigator working with criminal defense and personal injury clients. He has extensive experience in fire code compliance and origin and cause analysis. He can be contacted at www.aaronj.org.
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