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, and settle
1. Identify
How these fires start
- Grass clippings, leaves, and oil build up around the engine and muffler and catch fire when the equipment is stored hot
- A fuel line cracks or a carburetor leaks gas onto a hot engine
- Refueling a hot engine, or spilling gas nearby
- The mower blade hits a rock and throws sparks into dry grass
- The exhaust sits against dry grass, hay, or a wood pile
- A battery or charger fails on a battery-powered mower or blower
Is there anyone to recover from?
| Who ran the equipment | Recovery? |
|---|---|
| Your insured | Usually no. It's an accident. Still check for a defect or a recent repair. |
| A lawn care or landscaping company | Yes. The company and its general liability carrier. |
| A tenant | Yes. The tenant and their renters policy. |
| A neighbor or a borrower | Yes. Their homeowners liability coverage. |
| A repair shop that just worked on it | Yes, if the fire traces to their work. |
Responsible parties to consider
- Lawn care, landscaping, and tree companies, and their employees
- Tenants and their guests
- Neighbors or anyone who borrowed the equipment
- Repair shops and dealers
- The equipment, engine, battery, or fuel system manufacturer
- A rental company, for rented equipment
2. Notify and investigate
Keep the equipment. Even burned, the engine and fuel system can show whether a part failed. Photograph it in place and hold it for a joint exam.
Evidence checklist
3. Demand, negotiate, and settle
Liability theories: negligent operation or storage, breach of the lawn care contract, negligent repair, and product defect.
Defenses to expect
| Defense | How to answer it |
|---|---|
| Storing a mower in a garage is normal | Storing it hot and packed with debris isn't. Their own manual usually says to let it cool and clean it. |
| It was an act of nature (dry conditions) | The equipment was the ignition source. Burn bans and dry weather make care more important, not less. |
| Our crew followed procedure | Ask for their written procedures and training records. |
4. Letters for this loss
| Step | Letter |
|---|---|
| Identify | Subrogation Opening Letter to Insured |
| Notify | Notice of Subrogation Interest and Insurance Request, to Adverse Carrier |
| Investigate | Evidence Preservation and Joint Scene Exam Notice, Joint Lab Exam Notice |
| Demand | Subrogation Demand to Adverse Carrier |
| Negotiate | Second Demand with Escalation Notice |
| Settle | Release Review Checklist, Deductible Reimbursement |