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Overview

Fire response calls for experience

A fire can quickly generate investigations, insurance claims, regulatory inquiries, business interruption losses, and litigation. The decisions made during the first days of the response can determine which evidence is preserved, which parties become involved, and how the factual and legal narrative develops.

After a fire, you need a legal team that has been through the expert and legal response dozens of times, from the notice letter to the close of the file. Dunlap Bennett & Ludwig helps manufacturers, commercial property owners, and businesses respond to significant fire losses across the country. With more than a decade of fire-industry experience and access to a nationwide network of seasoned experts, our lawyers can become involved as soon as a notice letter or claim arrives and remain involved through investigation, resolution, and trial.

We know credible experts in fire cause and origin, suppression systems, engineering, and life safety codes personally, having spent years working alongside them at fire scenes throughout the U.S. Those relationships allow us to assemble the right team quickly and conduct a disciplined, evidence-based investigation before assumptions become accepted as fact.

Our lawyers regularly attend site inspections in person. Opposing experts in one matter may be retained experts in another, and opposing counsel may be attorneys we have encountered in prior fire-loss and subrogation matters. That familiarity gives us credibility in the room from day one and helps us identify the technical, legal, and practical issues that will drive the claim.

We move quickly to evaluate potential exposure, identify and preserve service and inspection history and other relevant records, retain the appropriate experts, and negotiate investigation protocols. We also identify other potentially responsible parties, including property owners, contractors, component manufacturers, maintenance providers, and other entities whose actions may have contributed to the loss.

When local or panel counsel is required in a particular jurisdiction, we can recommend capable attorneys based on direct experience in that market and give them a file that is already well developed. We stay involved throughout the matter, helping counsel understand the applicable fire and life safety codes, serving as a resource on industry practices, coordinating technical experts, and keeping clients and insurers informed through regular meetings and written updates.

When a fire happens, the response should be led by someone who has been through this before, who understands how fire claims develop, and who knows what must be done to shape the narrative in our client’s favor before the evidence disappears and the narrative hardens. That is what we do.

OUR EXPERIENCE IN THE FINANCE SECTOR

During fire investigations, our team works alongside engineers, origin-and-cause investigators, product specialists, and other technical experts to reconstruct what happened and evaluate potential liability. Our hands-on approach enables us to resolve many matters early, before litigation ensues. Plus, our familiarity with the major subrogation firms that pursue these claims means we can engage with opposing counsel immediately and with authority.

Dunlap Bennett & Ludwig’s lead attorney in this area has spent more than a decade handling substantial fire-related claims across the United States. He has personally participated in hundreds of investigations involving fires, suppression-system performance, accidental activations, product failures, and significant property losses.

His experience includes long-term service as outside general counsel to one of the country’s largest fire-suppression companies, which operates in more than 30 states. This work has afforded him an uncommon understanding of fire-scene investigations, suppression technology, life safety requirements, expert analysis, claims management, and the technical issues that frequently determine liability.

WHAT WE DO

Fire investigations often begin before a formal claim has been made and require immediate technical and legal analysis. Our practice supports clients from the moment a loss is reported through pre-litigation investigation, code analysis, claims resolution, and, when necessary, trial.

Fire scene investigation and loss assessment
  • Coordinate the legal and technical response immediately after a fire or significant system activation
  • Attend and oversee on-site inspections of fire scenes
  • Retain origin-and-cause investigators, engineers, product experts, code consultants, and other specialists
  • Issue preservation notices and help clients identify, secure, and preserve physical and electronic evidence
  • Negotiate inspection protocols, destructive-testing procedures, evidence-sharing agreements, and access to the scene
  • Identify potentially responsible parties and place them on notice
  • Provide early liability assessments to guide claims and settlement strategy


Product liability defense
  • Defend manufacturers, distributors, and other businesses against claims alleging that a product caused or contributed to a fire
  • Investigate alleged design defects, manufacturing defects, component failures, inadequate warnings, and improper product use
  • Analyze whether a product failed, performed as designed, was improperly installed or maintained, or was altered after leaving the manufacturer’s control
  • Coordinate product testing, laboratory analysis, exemplar inspections, and destructive examinations
  • Evaluate claims involving batteries, electrical components, appliances, commercial equipment, machinery, vehicles, and other products associated with fire risks
  • Develop alternative-causation defenses based on electrical systems, building conditions, installation errors, maintenance issues, misuse, and other external factors
  • Manage product recalls, regulatory inquiries, and related litigation when appropriate


Commercial property and premises fire claims
  • Represent commercial property owners, operators, tenants, and other businesses following significant fires
  • Investigate allegations involving building conditions, fire protection features, electrical systems, storage practices, maintenance, and code compliance
  • Evaluate premises liability claims involving injuries, property damage, evacuation procedures, and alleged life safety deficiencies
  • Advise businesses regarding access to the scene, communications with insurers and investigators, evidence preservation, and potential third-party claims
  • Address disputes among owners, tenants, contractors, equipment providers, and maintenance companies
  • Help clients manage the legal consequences of business interruption and prolonged property closure


Subrogation and insurance claims
  • Defend against subrogation claims brought by property insurers seeking to recover fire-related losses
  • Identify responsible third parties and potential contribution, indemnification, and contractual claims
  • Analyze insurance policy language, contractual indemnification provisions, waivers of subrogation, and additional insured endorsements
  • Manage multiparty claims involving property owners, tenants, contractors, equipment manufacturers, component suppliers, and service providers
  • Evaluate and contest business interruption claims, contents valuations, replacement-cost calculations, and loss-of-income claims
  • Coordinate strategy among clients, insurers, claims professionals, local counsel, and technical experts


Fire code and regulatory matters
  • Analyze NFPA standards, fire codes, building codes, and life safety requirements relevant to the loss
  • Evaluate regulatory issues involving batteries, fire protection equipment, hazardous materials, product storage, and commercial operations
  • Advise clients on emerging code changes and their operational and legal implications
  • Respond to inquiries, notices, and enforcement actions from fire marshals, building officials, licensing boards, and other authorities having jurisdiction
  • Help clients understand how alleged code violations may affect causation, liability, insurance coverage, and damages


Crisis response and claims management
  • Develop fire and crisis-response protocols for manufacturers and commercial businesses
  • Advise clients regarding internal investigations, document preservation, public communications, and interactions with insurers
  • Coordinate nationwide claims involving recurring product allegations and similar fire events
  • Track trends across claims to identify potential product, operational, and litigation risks
  • Provide ongoing reporting to corporate legal departments, risk managers, insurers, and business leadership
  • Work with local and panel counsel while maintaining a consistent national defense strategy

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Intern Program

As part of our effort to recruit, develop and retail the best and brightest attorneys, Dunlap Bennett & Ludwig offers a summer intern program for promising law school students who are looking to work as part of an innovative and incredibly successful team. With a global team of lawyers, selected candidates are able to work on high level projects in a collaborative space.

Paralegals and Legal Support Staff

At Dunlap Bennett & Ludwig, our team of paralegals and staff work together collaboratively along side our attorneys toward a common goal. We have created a positive work environment where our paralegals and legal assistants work to successfully reach firm-wide goals and support each other to combine individual strengths to enhance team performance. They regularly assist our attorneys with organizing and maintaining files, conducting legal research, and preparing documents.