Probably the most common overlap of fire science and litigation is in the world of product liability. The sequence of events usually involves a fire, a particular product being blamed for the fire and damages, and resultant litigation against the designer, manufacturer, distributor, or installer of the product. At Tedford & Henry, a substantial portion of our fire science practice is devoted to defending product sellers against claims that their products have caused or contributed to a fire.
The key to defending a fire science/product liability case is getting trained personnel to the fire scene for an examination. That includes not only qualified experts, but also trained counsel. Too often, counsel untrained in fire science miss a key opportunity to protect their clients' interests by challenging the perceived origin and cause from Day One. Such counsel are presented with a defined area of origin by "the experts," whether it be a fire marshal or an opposing origin and cause investigator, and that defined area is simply accepted as accurate. That blind acceptance eliminates an angle of defense for the client.
At Tedford & Henry, we have had great success in exculpating our clients' product from the moment of the fire scene examination. First, since we have come to appreciate the fact that not all fire investigators are equally qualified, we have identified highly qualified fire investigators to conduct the scene examination. Second, we start every scene examination at Square One, no presumptions regarding area of origin, potential ignition sources, or available combustibles are made. And third, we assess whether the blamed product is a competent ignition source for the known combustibles. Each of these points are additional angles for defending against a fire science/product liability case. You will never hear us simply agree with a fire marshal or other "expert" without doing our own analysis.
We represent retailers, manufacturers, and designers of all varieties of products and hazardous chemicals alleged to be defective in design, in their manufacture, or because of allegedly inadequate warnings. Our experience includes involvement with all types of products, including mechanical devices such as light fixtures and electrical ballasts; consumer products such as chemicals and neon signs; and dozens of others.
Our philosophy in defending products in fire science litigation is simple:
begin with fire science principles, and know the product as if we designed it ourselves. Our clients have come to rely on that philosophy, and our experience in the world of fire science litigation. |
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