Regardless of whom the investigator is representing, the objective of a joint inspection (JI) is for involved parties to come together to establish facts and attempt to ascertain the cause of the incident, such as a sequence of events or a fault mechanism that caused a fire or escape of water.
JIs can take a matter of only a few hours to multiple days, depending on the number of investigators present, the complexity of the case or evidence, and the extent of disassembly and testing required. Moreover, joint inspections involve a range of investigative activities and require clients to formally instruct a forensic expert to attend.
Instructing Investigator Attendance at a Joint Inspection
Jensen Hughes investigators are often instructed to attend a joint inspection in two situations. First, they are typically asked to attend a JI following a fire or escape of water investigation if an investigator has made recommendations in their report for one or more parties to be put on notice. A typical recommendation may read:
“In my opinion there are prospects of recovery from Company A. I therefore recommend that Company A is put on notice and invited to have representation at a joint inspection of Item X”.
Following the issuing of the report, the client would then consider whether to proceed with the JI. The responsibility for putting the third party on notice normally falls to the insurer client or the legal firm representing them. A formal letter is typically sent informing the third party of the incident and inviting them to respond, indicating whether they wish to have representation at the JI.
Correspondence between the two parties can take months or even years, in some instances. After a decision is finally made, the client would inform the Jensen Hughes investigator so they can make arrangements with a forensic expert or other representatives regarding a date, time and place for the JI to occur.
Occasionally, clients are under the mistaken impression that it is Jensen Hughes’ responsibility to formally put the third party on notice. The client will sometimes contact us after the issuing of the report to enquire whether we have put the third party on notice and whether a JI has been arranged. It is important to understand that this must be done via insurers or solicitors so as not to delay the proceedings.
The second situation in which Jensen Hughes may be instructed to attend a JI is when our client is representing a third party who may be considered liable by insurers or solicitors acting on behalf of the affected property owner. The third party could be the manufacturer of an appliance, vehicle or piece of equipment. They could also be a contractor, district network operator or retailer, among others.
In this instance, the client will explain the incident to the investigator and provide relevant documents and images. They’ll also ask the investigator to make arrangements to attend the JI and provide a report outlining their findings. In some instances, the investigator will liaise with a product expert or another individual acting for the same client, who has also been instructed to attend the JI.
Joint Inspection Activities
Although no two cases are alike, investigative activities carried out in most joint inspections include:
- Sharing relevant background information when permitted.
- Recording who is present and their instructing party.
- Discussing proposed methodology for the inspection.
- Recording investigation findings via hand-written notes, photographs and video recordings.
- Inspecting the evidence in detail.
Depending on the nature of the evidence and incident, other activities may include:
- Inspecting components or other evidence in detail using a microscope.
- Comparing the evidence with an exemplar item (e.g., an undamaged appliance or vehicle of the same make and model).
- Reconstructing evidence into its approximate position at the time of the incident. This is particularly relevant to electrical evidence, such as the remains of a supplier protective device (cut-out), electric meter, cables or consumer unit.
- Testing the evidence (e.g., voltage, resistance, and conductivity readings or pressure testing of pipes and fittings).
Concluding the Joint Inspection
At the conclusion of the joint inspection, the Jensen Hughes investigator will promptly provide a comprehensive report to the client, unless the client specifies otherwise. The contents of this report will detail the nature of the joint inspection and the investigation findings, with relevant photographs included.
The report’s conclusions will provide the client with clear and unambiguous opinions and recommendations regarding whether the cause of the incident was conclusively determined. It will also identify potential recovery prospects and if there is evidence to support any defence against liability claims.
Jensen Hughes investigators have extensive forensic investigation experience, with comprehensive knowledge of our clients’ requirements when representing them at joint inspections. To instruct us, contact us directly at +44 (0)141 639 6611 or +353 (0)1 686 9318.
