Cause of devastating Midvale fire is undetermined. Could tenants still hold someone liable?

MIDVALE — The official investigation into what sparked the devastating North Union apartment fire may be over, but an undetermined cause doesn't necessarily mean displaced residents are out of options if they want to pursue answers or determine whether someone else bears responsibility.

Unified Fire Authority concluded the July 31 fire in Midvale began in the concealed space between the fourth-floor living area and the roof but said there wasn't enough evidence to determine the specific ignition source or sequence.

For residents who lost homes and belongings in the fire, estimated to have caused $65 million in damage, this raises another question: What happens when investigators can't say what caused it?

KSL NewsRadio put that question to Salt Lake City-based attorney James Tily.

Tily said the end of the fire department's investigation doesn't necessarily end the possibility of another investigation or potential civil action.

"That attorney would do the investigation and look into, see what happened," Tily said, describing what could happen if a tenant retained legal representation.

An attorney representing residents could conduct a separate investigation to try to determine what happened and whether another party could be held responsible, Tily said.

But finding a possible explanation and proving legal responsibility are two different things.

Tily said if an investigation identified a problem connected to the fire, an attorney would still have to establish that it was something property management was responsible for and should have known about and fixed.

"That lawyer has to show that and prove it in court," Tily said.

'It's a mess'

Tily said the process could be difficult and lengthy for residents.

"It's a mess," he said. "Even with trying the legal route, it could take years, and they might get nothing."

Unified Fire's report illustrates one of the challenges any further investigation could face: Some areas could no longer be examined in their original condition.

Investigators said extensive fire involvement, structural collapse, suppression and overhaul operations, and the consumption of combustible materials altered or destroyed portions of the original fire patterns and potential ignition-source evidence.

That left investigators able to determine where the fire began without determining what ignited it.

Electrical system couldn't be eliminated

Fire investigators considered several potential ignition sources. They eliminated batteries, spontaneous combustion, smoking materials, lightning and other natural causes, intentionally setting the fire, and "hot work" — which includes activities involving open flames or significant heat such as welding, cutting or torch work.

One possibility they couldn't eliminate was electrical.

Electrical conductors and mechanical components were located within or near the identified area of origin. According to the report, an energized electrical conductor, electrical component or malfunctioning mechanical item could potentially have served as an ignition source.

Investigators did not conclude that any of those things actually caused the fire.

"The electrical system cannot be eliminated as a potential cause of this fire," the report states.

That distinction could become important if residents pursue their own investigation.

Tily said a tenant's attorney would need to develop evidence connecting a problem not only to the fire, but also to a party legally responsible for addressing it.

Residents could pursue their own investigation

Tily said residents who want to pursue the matter could retain attorneys to investigate further. He also said multiple tenants could pursue the matter together.

He cautioned, however, that litigation would not guarantee that residents recover damages.

Tily was also sharply critical of the property management company's response to residents after the fire. He believes they're just trying to cover themselves.

KSL reached out to Keller Investment Properties on Wednesday to give the company an opportunity to respond to Tily's criticism.

KSL also asked what assistance has been provided to displaced residents, whether Keller or its insurer has conducted or plans to conduct an independent investigation into the fire, and whether the company has a response to questions about potential civil liability following Unified Fire's findings.

Keller had not responded as of publication.

What an 'undetermined' cause means

Unified Fire's finding is narrower than saying that nothing is known about the fire.

Investigators determined its area of origin but said the available evidence was insufficient to identify a specific ignition source or establish the ignition sequence to a reasonable degree of certainty. The cause was classified as undetermined, and the fire was classified as a non-criminal incident.

The report also leaves open the possibility that the conclusion could change.

Investigator S. Bowen wrote that the opinions were based on the evidence available at the time of the report and could be "supplement(ed), revise(d), or amend(ed)" if additional information, documentation, physical evidence or other relevant facts become available.

For residents considering what to do next, Tily said the fire department's inability to identify an ignition source doesn't by itself answer the separate question of whether there is enough evidence to establish civil responsibility.

And proving that, he said, would require another investigation and potentially a court case.

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