Natural Law versus the NFPA
I prefer being on the side of the Natural Law when it comes to being an expert witness.
Obviously the National Electrical Code was written to make electricity safer in our homes and businesses--fire or electrocution being the major dangers of electricity. In checking with other expert witnesses in depositions and cross-examinations I noticed the NEC is treated, or at least talked about, as natural laws of nature rather than man-made standards which have changed over the years and will undoubtedly change in the future.
The key difference is the semantics used: "The fire started because of a violation of NEC Code". This is never true; court rooms to the contrary. A fire always starts due ignition temperatures, fuel and an oxidizing agent. It continues according to the laws of physics, thermodynamics. That's all. The paper and gasoline and wood and air were never taught the NEC or NFPA 921. An Expert Witness may intuitively know this, but be dealing with a court system does not.
I am sure most expert witnesses don't need this advice, but I have been surprised by the people I have run into that weren't clear on this.
Derek Geer
Forensic Engineer
San Diego, California
www.geers.com
Obviously the National Electrical Code was written to make electricity safer in our homes and businesses--fire or electrocution being the major dangers of electricity. In checking with other expert witnesses in depositions and cross-examinations I noticed the NEC is treated, or at least talked about, as natural laws of nature rather than man-made standards which have changed over the years and will undoubtedly change in the future.
The key difference is the semantics used: "The fire started because of a violation of NEC Code". This is never true; court rooms to the contrary. A fire always starts due ignition temperatures, fuel and an oxidizing agent. It continues according to the laws of physics, thermodynamics. That's all. The paper and gasoline and wood and air were never taught the NEC or NFPA 921. An Expert Witness may intuitively know this, but be dealing with a court system does not.
I am sure most expert witnesses don't need this advice, but I have been surprised by the people I have run into that weren't clear on this.
Derek Geer
Forensic Engineer
San Diego, California
www.geers.com
Labels: California, Expert Witness, Forensic Engineering, San Diego
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