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MARINE CLAIMS | Marine Fires and Explosions In association with Zetetech
Need for an independent view Dr Andrew M Collins, (left) MChem, PhD Associate and Lee Masson, (right) MSc, CEng, Director at Zetetech Forensic Investigators, explain the critical role of forensic investigation following a fire or explosion on board a vessel The event of a fire or explosion onboard a vessel, even when relatively minor, can often lead to significant negative impact on a number of affiliated parties. Whether from the time lost while maintenance and repair is carried out, or the physical damage sustained by the vessel or cargo, the impact is usually substantial. What happened, what should have happened, and what should not have happened are key questions that will be forefront. The answers will often guide insurers and legal representatives in any potential recovery matters. These include what actions, if any, should be pursued against those responsible, and whether the matter falls under criminal or civil proceedings. The appointment of a forensic investigator can help to answer such questions, and also provide a better understanding of the circumstances surrounding the incident, including how it was managed. Following on from that, lessons can thus be applied to future operating procedures to minimise the chances of the event recurring. In addition, when legal action is being brought onto a party, the appointment of a forensic investigator by that party can provide an unbiased, neutral opinion of the case to guide insurers and legal counsel as to how best to proceed in the matter.
SCIENTIFIC METHOD Investigators use a rigorous set of proven techniques employing the ‘Scientific Method’ in order to gather their information and develop hypotheses. Maritime fires are often complex because of the involvement of an array of different parties ranging from vessel owners and charterers to consignees and passengers. Furthermore, the level of The Marine Insurer Claims Edition | September 2021
damage sustained in a single incident can often be comparably much higher for maritime cases than those on land. A thorough investigation will not only focus on the causative event, but also examine the circumstances leading up to the event, and the activities that followed it. Such topics often include operating procedures, detailed population of a narrative timeline, detail of how the fire spread, and any contributing factors that permitted the fire to spread more rapidly than would otherwise have been expected. Such enquiries will also determine whether any automatic firefighting equipment that may have been present functioned appropriately, any firefighting measures which were undertaken by the crew and whether those methods were adequate and in line with standard operating procedure and training. An experienced marine investigator is always alive to the possibility of unseaworthiness or stowage related issues, the physical evidence of which, collected at the scene, can have a significant bearing as marine claims progress. Timely inspection is essential to ensure the scene is preserved and crucial evidence is not lost or cleared away. Prompt arrival also ensures that details of the incident are still relatively fresh in the minds of witnesses. In this regard, recollections from eyewitnesses and pertinent persons are often more reliable when conducted sooner, rather than later. Furthermore, in most cases the loss of evidence from a scene is often the result of well-intentioned clearing of an area. But there are some circumstances where parties may attempt to deliberately alter or remove evidence. Early scene inspection serves to limit the opportunity for this to take place.
