Fire Litigation Exhibit Options / by Jeff Drake

Professionally designed trial exhibits are an essential tool for the attorney who litigates fire cases. The most effective way to orient a jury, judge, or mediator to the scene of a fire is to provide a visual reconstruction of the site where the fire occurred. Post-fire photographs will show the results of a fire but when the cause of a fire is litigated, the attorney and their experts need to present a concise, accurate visual representation of the conditions present when the fire started.

There are several options to choose from when determining the optimal visual strategy for explaining a case and many factors that come into play. Physically, there is the complexity of the building itself, construction details, spatial arrangements, and materials. There may be technical issues to explain relating to the performance of electrical, fire suppression, or alarm systems. And ultimately the scale of the loss and budget constraints will come into play.

The exhibit options I have worked with over the past 40 years include 2D graphics, 3D computer modeling, and physical scale models. Each type of exhibit has a specific strength for presentation, and all of them are used to place physical and photographic evidence into the context of the fire event. 

Fire building diagram

The most basic exhibit is a 2D floor plan of the fire building. With this simple graphic information many things can be illustrated; the area of fire origin, fire spread, witness locations, points of observation, detection and alarm locations, code compliance, building contents, distances to exits, firefighting tactics, suppression system effectiveness, fire damage patterns, and orientation of post-fire photos.

Fire progression with improperly installed automatic sprinklers

In addition to a plan, elevation and section views are helpful in showing the relationship of vertical elements of a building in a fire; vertical fire spread, building structure, suppression patterns, smoke and heat travel in vertical passages or ductwork, unprotected construction, and combustible concealed spaces. Most presentations employ a series of images to add layers of information in a logical progression.

A 3D reconstruction combines the information contained in plan and elevation views and lets the attorney present a series of exhibits that can show any view imaginable including 3D sections or views that build or strip away elements to show building construction. 3D exhibits are inherently easier to understand than 2D images. A 3D image replicates the real-world ability to see objects, buildings, spaces in 3 dimensions and requires very little interpretation by the viewer. One 3D view can do the job of several 2D views and does not ask the viewer to figure out how the same elements depicted in the different drawings relate.

The physical scale model was employed for many years as one of the most effective types of visual exhibits to use for fire cases in court. When creating all other forms of visual representation, the exhibit designer must choose the best point of view or views to present to the observer. The power of the scale model is that any viewer can immediately grasp the 3-dimensional space and building features represented. The viewer needs almost no explanation to understand what the scale model in the image above represents. 

The scale model is less flexible when considerations of transportation and display are made. The scale model is also less flexible in terms of last-minute revision. One thing true about both physical models and 3D computer reconstructions is that they must be built, and that process often yields additional perspective and deeper understanding for the legal/expert team of the scene they are presenting. Regardless of which visual strategy one determines is best for a specific case, judges, juries, and mediators appreciate the use of visual exhibits because it makes their jobs much easier.

Questions?