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Practice Tip: Explosion and Fire Litigation

By John L. Tate

The singular approach to fire and explosion litigation described in this article is not for everyone. Advisory articles by experienced fire investigators and trial lawyers will offer different advice and approaches.

How can perfectly legitimate approaches be so varied? One reason is that the spectrum of challenges inherent in fire and explosion litigation can and should stimulate creative responses. One size does not fit all. The optimal response, however ' whether at the still-smoking scene or at post-fire artifact examinations ' is predicated on employing experts from at least three disciplines: 1) An expert on the product; 2) An expert in fire origin and cause; and 3) Expert counsel. Instead of trying to select team members based on sketchy information, the governing principle should be to start with a minimum of three people in these key disciplines.

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