Step-by-step checklist
Identify
Hands off until the expert arrives. Nothing at the scene gets touched, moved, repaired, or thrown out until the origin and cause investigator has secured it. Evidence that's moved early can sink the whole recovery.
Notify
Investigate
Demand
Negotiate
Settle
1. Identify
How commercial kitchen fires start
- Grease buildup in the hood, filters, ductwork, or exhaust fan catches fire
- A fryer's thermostat or high-limit switch fails and the oil overheats
- Equipment is left on after closing, or cooking is left unattended
- Filters are missing, installed wrong, or the wrong type
- The suppression system doesn't go off, goes off late, or doesn't cover the appliance under it, often because equipment was moved or swapped after the system was set up
- The exhaust fan fails, or the duct has gaps or leaks that let grease collect inside walls and ceilings
- An employee spills oil on a burner, drops a wet or frozen product into a fryer, or leaves a towel on a hot surface
- Other sources in the building: electrical, a smoking area, or a dumpster or grease-trap fire
Who may be responsible
| What you find | Likely cause | Who may be responsible |
|---|---|---|
| Heavy grease in the duct, and cleanings missed or late | Cleaning not done on schedule | The tenant, or the landlord if the lease made it the landlord's job |
| A recent cleaning sticker on the hood, but grease left in the duct or fan | Poor or incomplete cleaning | Hood cleaning company |
| Suppression system didn't go off, or didn't cover the appliance | Poor inspection, poor design, or equipment moved | Suppression company, tenant, or manufacturer |
| Fryer oil overheated | Failed thermostat or high-limit switch | Fryer manufacturer, or the company that last repaired it |
| Fire started after hours with equipment left on | Employee error or closing procedures | The tenant, as the employer |
| Duct gaps, missing access panels, or duct too close to things that burn | Poor installation | Hood or duct installer, general contractor |
| Fire started soon after a repair or service call | Poor service | Maintenance company, or the employer of the in-house maintenance team |
Commercial leases are key
Read the whole lease early, including amendments and any rules and regulations. Commercial leases usually require the tenant to keep the space safe and up to code, and to carry insurance. Look for:
- Who must clean and maintain the hood, duct, fan, and suppression system. It is usually the tenant.
- A clause requiring the tenant to keep the premises safe and follow fire and health codes
- A clause requiring the tenant to carry liability and property insurance, often naming the landlord as an additional insured
- Indemnity clauses: who agreed to cover whose losses
- Waiver of subrogation clauses, which can block recovery between the landlord and the tenant. Check exactly who the waiver covers, what kind of loss, and whether it was in effect on the date of loss.
- Whether your insured is the landlord, the tenant, or a neighboring tenant. The lease tells you who owed what to whom.
Employee-caused fires
An employer is usually responsible for what its employees do on the job. If a restaurant employee caused the fire, the claim runs against the restaurant and its liability carrier. One caution: if your insured is the employer, you generally cannot subrogate against your own insured or its employees. If the restaurant is a tenant, also check whether it counts as a co-insured under the landlord's policy (see the Tenant and Landlord Losses guide).
Responsible parties to consider
- The restaurant operator (usually the tenant) and its employees
- The landlord or property manager
- The hood and duct cleaning company
- The fire suppression inspection and installation company
- The maintenance company, or the employer of the in-house maintenance team
- The manufacturers of the fryer, range, hood, exhaust fan, suppression system, and any other appliance in the area of origin
- The general contractor and installers, on newer builds or remodels
- A franchisor, if the franchise agreement controlled the equipment or the cleaning schedule
2. Notify and investigate
Move fast. Commercial fire scenes get cleared quickly so the business can reopen. Retain an origin-and-cause expert, and an electrical engineer if needed, and put every party on notice before any debris is removed.
Put every manufacturer on notice. In a commercial kitchen, notify the maker of every appliance in the area of origin, plus the hood, the exhaust fan, and the suppression system. Until the expert rules them out, each one is a possible cause, and a manufacturer that wasn't invited to the scene exam will argue the evidence was lost without them.
Who to put on notice
- The tenant and the landlord, if either is not your insured
- The hood and duct cleaning company
- The suppression inspection and installation company
- The maintenance company
- Every manufacturer in the area of origin
- Each party's carrier, once known
Records to request
Code checks
NFPA 96 sets how often hoods and ducts must be inspected and cleaned, based on how much cooking the kitchen does:
- Monthly: solid fuel cooking, like wood or charcoal
- Quarterly: high-volume cooking, like 24-hour restaurants, charbroiling, or wok cooking
- Every six months: moderate-volume cooking
- Yearly: low-volume cooking, like churches, day camps, or seasonal businesses
Kitchen suppression systems (NFPA 17A) must be inspected by a trained, certified technician every six months, and modern systems should meet the UL 300 standard for today's cooking oils. A Class K extinguisher should be near the cooking line. Local fire codes and the fire marshal may set stricter rules.
Evidence checklist
Exams
Hold a joint scene exam before debris removal, with every party notified. Then hold a joint lab exam for the appliances and suppression parts before any testing that could change them.
3. Demand, negotiate, and settle
Liability theories
- Against the tenant: breach of the lease's maintenance, safety, and insurance clauses, and negligence, including its employees' actions
- Against the hood cleaner: negligent cleaning and breach of contract
- Against the suppression company: negligent inspection, design, or installation, and breach of contract
- Against the maintenance company: negligent repair or maintenance
- Against manufacturers: product defect, failure to warn, and breach of warranty
- Against the landlord: failure to meet its own lease or code duties, when your insured is the tenant or a neighbor
These are big-dollar files. Expect building damage, business income, extra expense, and neighboring tenants' losses, often with several carriers involved. Document every category of loss and keep each responsible party's carrier informed.
Defenses to expect
| Defense | How to answer it |
|---|---|
| The lease has a waiver of subrogation | Read the exact wording. Check who it covers, what kind of loss, and whether it was in effect. Some waivers only apply up to the insurance the lease required. |
| Our service contract limits our liability | Read the exact clause. Some don't cover negligence, and some states limit how far these clauses reach. |
| We cleaned what we were paid to clean, or the duct wasn't reachable | Their contract scope, invoices, and photos. A cleaner who skipped sections should have reported it in writing. |
| The suppression system worked, but the fire started outside its coverage | Compare the appliance layout to the system design, and check whether it was re-inspected after equipment changed. |
| It was employee error, not our product | The expert's findings and the product's history. |
| The tenant is a co-insured under the landlord's policy | The lease language controls. See the Tenant and Landlord Losses guide. |
Negotiating and settling
- Expect the parties to blame each other. Keep everyone on notice until the expert rules them out.
- Hood cleaners and suppression companies are often small businesses with low limits. Get their certificates of insurance early.
- Compare the insurance the lease required with the tenant's actual policy.
- Review the release with the release checklist, then close with the standard closing letter and the deductible reimbursement letter.
4. Letters for this loss
| Step | Letter | Sent to |
|---|---|---|
| Identify | Subrogation Opening Letter to Insured | Insured: lease, records, keep evidence |
| Notify | Notice of Subrogation Interest and Insurance Request | Tenant, landlord, cleaner, suppression company, maintenance company, manufacturers |
| Notify | Notice of Subrogation Interest to Adverse Carrier | Each party's carrier |
| Investigate | Evidence Preservation and Joint Scene Exam Notice and to Responsible Party | All parties |
| Investigate | Joint Lab Exam Notice | All parties, before testing appliances or suppression parts |
| Demand | Subrogation Demand to Adverse Carrier | Carrier(s) |
| Negotiate | Second Demand with Escalation Notice, Tolling Agreement Request | Carrier(s) |
| Settle | Release Review Checklist, Closing (Made Whole) or Pro Rata, Deductible Reimbursement | Client and insured |
Sources