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Forensic electrical engineering is a branch of forensic engineering, and is concerned with investigating electrical failures and accidents in a legal context. Many forensic electrical engineering investigations apply to fires suspected to be caused by electrical failures. [1] Forensic electrical engineers are most commonly retained by insurance companies or attorneys representing insurance companies, or by manufacturers or contractors defending themselves against subrogation by insurance companies. Other areas of investigation include accident investigation involving electrocution, and intellectual property disputes such as patent actions. Additionally, since electrical fires are most often cited as the cause for "suspect" fires an electrical engineer is often employed to evaluate the electrical equipment and systems to determine whether the cause of the fire was electrical in nature.
The ultimate goal of these investigations is often to determine the legal liability for a fire or other accident for purposes of insurance subrogation or an injury lawsuit. Some examples include:
Forensic electrical engineers are also involved in some arson and set-fire investigations; while it is not common for arsonists to cause electrical failures to ignite fires, the presence of electrical appliances and systems in many fires scenes often requires them to be evaluated as possible accidental causes of the fire. Some electrical means of ignition, when discovered, are fairly obvious to an origin and cause investigator and most likely do not require consulting with a forensic electrical engineer. (Note that "arson" refers specifically to a criminal act, subject to criminal prosecution; a more general term is a "set fire". A homeowner setting a fire deliberately in order to defraud an insurance company might be prosecuted for arson by a government body; however, the insurance company would concern itself only with denying the insurance claim, possibly leading to a civil lawsuit.)
Patent disputes may also require the expert opinion of an electrical engineer to advise a court. Issues in conflict may include the precise meaning of technical terms, especially in the patent claims, the prior art in a particular product field and the obviousness of various patents.
Most states have a statute of ultimate repose (similar to, but not to be confused with, a statute of limitations) that limits the length of time after which a party can legally be held liable for their negligent act or defective product. Many states have a "useful life" statute of ultimate repose. Therefore, a determination of the length of time the product would normally be expected to be used before wearing out needs to be made. For example, a refrigerator might have a longer "useful life" than an electric fan; an airplane might have a longer useful life than a car. Some states pick an arbitrary number of years for the statute of ultimate repose. It may be short (six or seven years) or longer 15 or 25 years. If a coffee maker starts on fire after the statute of ultimate repose has expired, the manufacturer can no longer be held liable for manufacturing or design defects. The statute of ultimate repose is different from the statute of limitations. In a state with a short statute of ultimate repose, it is common that a person's right to bring a claim in court expires before their injury ever occurs. Thus, if a defective product (for example a car) caused a collision when the steering failed, but the collision occurred after the expiration of a statute of ultimate repose, no claim could be brought against the manufacturer for selling a defective product. The right to bring the claim expired before the claim even occurred.
Insurance is a means of protection from financial loss in which, in exchange for a fee, a party agrees to compensate another party in the event of a certain loss, damage, or injury. It is a form of risk management, primarily used to protect against the risk of a contingent or uncertain loss.
Product liability is the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products cause. Although the word "product" has broad connotations, product liability as an area of law is traditionally limited to products in the form of tangible personal property.
A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes, tort law aims to compensate individuals who suffer harm as a result of the actions of others. Some wrongful acts, such as assault and battery, can result in both a civil lawsuit and a criminal prosecution in countries where the civil and criminal legal systems are separate. Tort law may also be contrasted with contract law, which provides civil remedies after breach of a duty that arises from a contract. Obligations in both tort and criminal law are more fundamental and are imposed regardless of whether the parties have a contract.
Forensic engineering has been defined as "the investigation of failures—ranging from serviceability to catastrophic—which may lead to legal activity, including both civil and criminal". The forensic engineering field is very broad in terms of the many disciplines that it covers, investigations that use forensic engineering are case of environmental damages to structures, system failures of machines, explosions, electrical, fire point of origin, vehicle failures and many more.
Arson is the act of willfully and deliberately setting fire to or charring property. Although the act of arson typically involves buildings, the term can also refer to the intentional burning of other things, such as motor vehicles, watercraft, or forests. The crime is typically classified as a felony, with instances involving a greater degree of risk to human life or property carrying a stricter penalty. Arson which results in death can be further prosecuted as manslaughter or murder. A common motive for arson is to commit insurance fraud. In such cases, a person destroys their own property by burning it and then lies about the cause in order to collect against their insurance policy.
The National Electrical Code (NEC), or NFPA 70, is a regionally adoptable standard for the safe installation of electrical wiring and equipment in the United States. It is part of the National Fire Code series published by the National Fire Protection Association (NFPA), a private trade association. Despite the use of the term "national," it is not a federal law. It is typically adopted by states and municipalities in an effort to standardize their enforcement of safe electrical practices. In some cases, the NEC is amended, altered and may even be rejected in lieu of regional regulations as voted on by local governing bodies.
In law, a warranty is an expressed or implied promise or assurance of some kind. The term's meaning varies across legal subjects. In property law, it refers to a covenant by the grantor of a deed. In insurance law, it refers to a promise by the purchaser of an insurance about the thing or person to be insured.
Fire safety is the set of practices intended to reduce destruction caused by fire. Fire safety measures include those that are intended to prevent the ignition of an uncontrolled fire and those that are used to limit the spread and impact of a fire.
In law, liable means "responsible or answerable in law; legally obligated". Legal liability concerns both civil law and criminal law and can arise from various areas of law, such as contracts, torts, taxes, or fines given by government agencies. The claimant is the one who seeks to establish, or prove, liability.
The publication Life Safety Code, known as NFPA 101, is a consensus standard widely adopted in the United States. It is administered, trademarked, copyrighted, and published by the National Fire Protection Association and, like many NFPA documents, is systematically revised on a three-year cycle.
Liability insurance is a part of the general insurance system of risk financing to protect the purchaser from the risks of liabilities imposed by lawsuits and similar claims and protects the insured if the purchaser is sued for claims that come within the coverage of the insurance policy.
Personal injury is a legal term for an injury to the body, mind, or emotions, as opposed to an injury to property. In common law jurisdictions the term is most commonly used to refer to a type of tort lawsuit in which the person bringing the suit has suffered harm to their body or mind. Personal injury lawsuits are filed against the person or entity that caused the harm through negligence, gross negligence, reckless conduct, or intentional misconduct, and in some cases on the basis of strict liability. Different jurisdictions describe the damages in different ways, but damages typically include the injured person's medical bills, pain and suffering, and diminished quality of life.
Fire investigation, sometimes referred to as origin and cause investigation, is the analysis of fire-related incidents. After firefighters extinguish a fire, an investigation is launched to determine the origin and cause of the fire or explosion. These investigations can occur in two stages. The first stage is an investigation of the scene of the fire to establish its origin and cause. The second step is to conduct laboratory examination on the retrieved samples.Investigations of such incidents require a systematic approach and knowledge of fire science.
A statute of repose, like a statute of limitations, is a statute that cuts off certain legal rights if they are not acted on by a specified deadline.
Tort reform consists of changes in the civil justice system in common law countries that aim to reduce the ability of plaintiffs to bring tort litigation or to reduce damages they can receive. Such changes are generally justified under the grounds that litigation is an inefficient means to compensate plaintiffs; that tort law permits frivolous or otherwise undesirable litigation to crowd the court system; or that the fear of litigation can serve to curtail innovation, raise the cost of consumer goods or insurance premiums for suppliers of services, and increase legal costs for businesses. Tort reform has primarily been prominent in common law jurisdictions, where criticism of judge-made rules regarding tort actions manifests in calls for statutory reform by the legislature.
Professional liability insurance (PLI), also called professional indemnity insurance (PII) but more commonly known as errors & omissions (E&O) in the US, is a form of liability insurance which helps protect professional advising, consulting, and service-providing individuals and companies from bearing the full cost of defending against a negligence claim made by a client in a civil lawsuit. The coverage focuses on alleged failure to perform on the part of, financial loss caused by, and error or omission in the service or product sold by the policyholder. These are causes for legal action that would not be covered by a more general liability insurance policy which addresses more direct forms of harm. Professional liability insurance may take on different forms and names depending on the profession, especially medical and legal, and is sometimes required under contract by other businesses that are the beneficiaries of the advice or service.
When a person makes a claim for personal injury damages that have resulted from the presence of a defective automobile or component of an automobile, that person asserts a product liability claim. That claim may be against the automobile's manufacturer, the manufacturer of a component part or system, or both, as well as potentially being raised against companies that distributed, sold or installed the part or system that is alleged to be defective.
The General Aviation Revitalization Act of 1994, also known by its initials GARA, is Public Law 103-298, an Act of Congress on Senate Bill S. 1458, amending the Federal Aviation Act of 1958.
Increases in the use of autonomous car technologies are causing incremental shifts in the responsibility of driving, with the primary motivation of reducing the frequency of traffic collisions. Liability for incidents involving self-driving cars is a developing area of law and policy that will determine who is liable when a car causes physical damage to persons or property. As autonomous cars shift the responsibility of driving from humans to autonomous car technology, there is a need for existing liability laws to evolve to reasonably identify the appropriate remedies for damage and injury. As higher levels of autonomy are commercially introduced, the insurance industry stands to see higher proportions of commercial and product liability lines of business, while the personal automobile insurance line of business shrinks.
Greenman v. Yuba Power Products, Inc, was a California torts case in which the Supreme Court of California dealt with the torts regarding product liability and warranty breaches. The primary legal issue of the case was to determine whether a manufacturer is strictly liable in tort when an article he places on the market proves to have a defect that causes injury to a human being. The case was originally heard in a San Diego district court where the verdict was against the manufacturer. This verdict was appealed by the manufacturer to the Supreme Court of California which was presided by Gibson, C. J., Schauer, J., McComb, J., Peters, J., Tobriner, J., and Peek, J., and the opinion was delivered by Judge Roger J Traynor.