Forensic electrical engineering is a branch of

forensic engineering 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".'' It includes the investigation of materials, produc ...

, 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 is the assumption by a third party (such as a second creditor or an insurance company) of another party's legal right to collect a debt or damages. It is a legal doctrine whereby one person is entitled to enforce the subsisting or reviv ...

by insurance companies. Other areas of investigation include

accident An accident is an unintended, normally unwanted event that was not directly caused by humans. The term ''accident'' implies that nobody should be blamed, but the event may have been caused by unrecognized or unaddressed risks. Most researche ...

investigation involving

electrocution Electrocution is death or severe injury caused by electric shock from electric current passing through the body. The word is derived from "electro" and "execution", but it is also used for accidental death. The term "electrocution" was coined ...

, and

intellectual property Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, cop ...

disputes such as

patent A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an sufficiency of disclosure, enabling disclo ...

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

fire Fire is the rapid oxidation of a material (the fuel) in the exothermic chemical process of combustion, releasing heat, light, and various reaction Product (chemistry), products. At a certain point in the combustion reaction, called the ignition ...

or other

for purposes of

insurance 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 hedge ...

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

electrician An electrician is a tradesperson specializing in electrical wiring of buildings, transmission lines, stationary machines, and related equipment. Electricians may be employed in the installation of new electrical components or the maintenanc ...

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 injury Electrical injury is a physiological reaction caused by electric current passing through the body. The injury depends on the density of the current, tissue resistance and duration of contact. Very small currents may be imperceptible or produce a ...

("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

arson Arson is the crime 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, wat ...

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 In a patent or patent application, the claims define, in technical terms, the extent, i.e. the scope, of the protection conferred by a patent, or the protection sought in a patent application. In other words, the purpose of the claims is to define ...

s, the

prior art Prior art (also known as state of the art or background art) is a concept in patent law used to determine the patentability of an invention, in particular whether an invention meets the novelty and the inventive step or non-obviousness criteria ...

in a particular product field and the obviousness 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 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.

Goals

Applications

Liability

See also