The Dryer in the Dumpster: Evidence Preservation vs. Emergency Cleaning
A fire in a second-floor laundry closet of a 24-unit apartment building left a charred clothes dryer and debris blocking the only stairway. The fire marshal’s report says “undetermined.” The tenant told the property manager the dryer was six months old and had been repaired twice for overheating. The property manager wants the dryer and debris hauled away today so the unit can be cleaned and re-rented. The insurer’s origin-and-cause investigator is scheduled in 72 hours, and the tenant’s family has mentioned a possible product claim. You are the first restoration contractor on site with a camera, a crew, and access to a storage unit. The property manager says the dryer is “just junk” and the tenant has already moved out.
1. What do you do with the dryer and debris before the investigator arrives?
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Do not haul the dryer to the dump. Photograph it in place with a scale, including the power cord, lint trap, controls, and model/serial labels. Tag it as evidence. If the debris blocks the only stairway, move it only as much as needed for safe egress, and then to a locked storage unit, not outside. Keep the dryer separate from ordinary debris. Start a chain-of-custody log with date, time, handler, and location. Notify the adjuster and the origin-and-cause investigator in writing. Do not clean the appliance or discard the lint.
2. Explain spoliation and how your actions could affect subrogation.
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Spoliation is the loss or destruction of evidence that is relevant to litigation. The duty to preserve can arise when litigation is reasonably anticipated, and here the tenant’s product claim and the young, repaired dryer make that likely. Subrogation depends on proving a third party’s liability. If the dryer is destroyed, the insurer may lose its recovery and you may be exposed to a claim. Preserve the appliance, the debris, and your photos, and keep a chain of custody. Written notice to the property manager and adjuster is part of the defense.
3. The property manager insists, saying “it’s my building.” How do you respond?
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Acknowledge the manager’s authority over the building, but explain that the insurer and the potential product claim have an interest in the dryer. Ask for the instruction in writing. Notify the adjuster and special investigation unit immediately, and offer to move the dryer to secure storage at the insurer’s direction. If the manager still insists on disposal, document the refusal and do not participate in destruction. If there is an immediate life-safety issue, move the debris to a safe area after photographing it. Never rely on a verbal “it’s junk.”