Forensic electrical engineering
Encyclopedia
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. 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.
or other accident
for purposes of insurance
subrogation
or an injury lawsuit. Some examples include:
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 claim
s, the prior art
in a particular product field and the obviousness
of various patents.
Forensic engineering
Forensic engineering is the investigation of materials, products, structures or components that fail or do not operate or function as intended, causing personal injury or damage to property. The consequences of failure are dealt with by the law of product liability. The field also deals with...
, 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. Forensic electrical engineers are most commonly retained by insurance companies or attorneys representing insurance companies, or by manufacturers or contractors defending themselves against subrogation
Subrogation
Subrogation in its most common usage refers to circumstances in which an insurance company tries to recoup expenses for a claim it paid out when another party should have been responsible for paying at least a portion of that claim....
by insurance companies. Other areas of investigation include accident
Accident
An accident or mishap is an unforeseen and unplanned event or circumstance, often with lack of intention or necessity. It implies a generally negative outcome which may have been avoided or prevented had circumstances leading up to the accident been recognized, and acted upon, prior to its...
investigation involving electrocution
Electric shock
Electric Shock of a body with any source of electricity that causes a sufficient current through the skin, muscles or hair. Typically, the expression is used to denote an unwanted exposure to electricity, hence the effects are considered undesirable....
, and intellectual property
Intellectual property
Intellectual property is a term referring to a number of distinct types of creations of the mind for which a set of exclusive rights are recognized—and the corresponding fields of law...
disputes such as patent
Patent
A patent is a form of intellectual property. It consists of a set of exclusive rights granted by a sovereign state to an inventor or their assignee for a limited period of time in exchange for the public disclosure of an invention....
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.
Goals
The ultimate goal of these investigations is often to determine the legal liability for a fireFire
Fire is the rapid oxidation of a material in the chemical process of combustion, releasing heat, light, and various reaction products. Slower oxidative processes like rusting or digestion are not included by this definition....
or other accident
Accident
An accident or mishap is an unforeseen and unplanned event or circumstance, often with lack of intention or necessity. It implies a generally negative outcome which may have been avoided or prevented had circumstances leading up to the accident been recognized, and acted upon, prior to its...
for purposes of insurance
Insurance
In law and economics, insurance is a form of risk management primarily used to hedge against the risk of a contingent, uncertain loss. Insurance is defined as the equitable transfer of the risk of a loss, from one entity to another, in exchange for payment. An insurer is a company selling the...
subrogation
Subrogation
Subrogation in its most common usage refers to circumstances in which an insurance company tries to recoup expenses for a claim it paid out when another party should have been responsible for paying at least a portion of that claim....
or an injury lawsuit. Some examples include:
- Defective appliances: If a property fire was caused by an appliance which had a manufacturing or design defect (for example, a coffee maker overheating and igniting), making it unreasonably hazardous, the insurance company might attempt to collect the cost of the fire damage ("subrogate") from the manufacturer; if the fire caused personal injury or death, the injured party might also attempt an injury lawsuit against the manufacturer, in addition to the carrier of health or life insurance attempting subrogation.
- Improper workmanship: If, for example, an electricianElectricianAn electrician is a tradesman specializing in electrical wiring of buildings, stationary machines and related equipment. Electricians may be employed in the installation of new electrical components or the maintenance and repair of existing electrical infrastructure. Electricians may also...
made an improper installation in a house, leading to an electrical fault and fire, he or she could likewise be the target of subrogation or an injury lawsuit (for this reason, electricians are required to carry liability insurance). - Electrical injury: If an electrical fault or unreasonably hazardous electrical system causes an electrical injuryElectric shockElectric Shock of a body with any source of electricity that causes a sufficient current through the skin, muscles or hair. Typically, the expression is used to denote an unwanted exposure to electricity, hence the effects are considered undesirable....
("electrocution" if the injury is fatal), the party responsible for the electrical accident can be the target of insurance subrogation or an injury lawsuit. - Equipment failure: if electrical equipment stops functioning, it can cause a loss of income (such as a factory losing productivity due to inoperative equipment) or additional damage (such as food products spoiling due to loss of refrigeration), and again be the subject of a subrogation or liability case. Liability in such a case can also include the cost of repairing or replacing the equipment, which can be substantial.
Applications
Forensic electrical engineers are also involved in some arsonArson
Arson is the crime of intentionally or maliciously setting fire to structures or wildland areas. It may be distinguished from other causes such as spontaneous combustion and natural wildfires...
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 claim
Claim (patent)
Patent claims are the part of a patent or patent application that defines the scope of protection granted by the patent. The claims define, in technical terms, the extent of the protection conferred by a patent, or the protection sought in a patent application...
s, the prior art
Prior art
Prior art , in most systems of patent law, constitutes all information that has been made available to the public in any form before a given date that might be relevant to a patent's claims of originality...
in a particular product field and the obviousness
Inventive step and non-obviousness
The inventive step and non-obviousness reflect a same general patentability requirement present in most patent laws, according to which an invention should be sufficiently inventive — i.e., non-obvious — in order to be patented....
of various patents.
Liability
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 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 ulitimate 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 staute 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.See also
- NFPA 70 (the National Electrical Code)
- NFPA 921NFPA 921NFPA 921, "Guide for Fire and Explosion Investigations", is a National Fire Code published by the National Fire Protection Association . Its purpose is "to establish guidelines and recommendations for the safe and systematic investigation or analysis of fire and explosion incidents"...
("Guide for Fire and Explosion Investigations") - Kirk's Fire InvestigationKirk's Fire InvestigationKirk's Fire Investigation by John D. DeHaan and David J. Icove has long been regarded as the primary textbook in the field of fire investigation...
(textbook by John DeHaan) - Arc mappingArc mappingArc mapping is a technique used in fire investigation and is usually performed by a forensic electrical engineer. It relies on finding the locations of electrical arcs and other electrical faults that occurred during the fire; the locations of the electrical faults can then, under some...
- Origin and cause investigation
- Fire investigationFire investigationFire 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...