In Parts Produced by an Owner or Operator. Are They Legal? flight operations expert witness David A Botich offers an excerpt from Federal Aviation Regulations:
PART 21-CERTIFICATION PROCEDURES FOR PRODUCTS AND PARTS
Subpart K – Approval of Materials, Parts, Processes, and Appliances
Electrocution expert witness Lawrence Kamm writes on shocks and electrocutions:
Every year approximately 400 people in the U.S. are killed by electric shock. More are injured by being startled by an electric shock, lose their balance, and fall off a ladder.
To cause a shock the electricity must enter at one place on your body and exit at another place. It is the current through your body which causes the shock, not the voltage at a single place. A bird on a high voltage wire gets no shock. It is common for one of the shock places to be the earth or a piece of metal connected to the earth. Think of a faucet in your bathroom for an example. Think of bare feet on wet ground for another example.
In The World Trade Center Property Insurance Trial: Lessons Learned?, risk management expert witness Akos Swierkiewicz writes:
It is obvious, that clear agreement did not exist between the parties as to what form applied on 9/11/01, almost two months after binding. The most important lesson, applicable to each of the parties, simply boils down to the need for documentation of all substantive communications to ensure that there is a meeting of minds during the placement and negotiation process and, when coverage is bound, all parties have an explicit agreement regarding the form. Agreement to any subsequent form changes must also be fully documented.
Furthermore, each of the parties, by adhering to the following rather elementary principles or procedures, can substantially reduce the potential for disputes and litigation:
In HEAD INJURY: WOULD A HELMET HAVE HELPED?, bicycle accident reconstruction expert witnesses at Walters Forensic Engineering write:
Helmets significantly reduce the possibility of a skull fracture. The impact force of a striking object against the helmet is applied over a small area at the outer edge of the helmet. The purpose of the helmet is to distribute this force over a larger area at the interface of the helmet with the head. This results in a decreased maximum force at the skull relative to an equivalent non-helmeted impact and decreases the probability of a skull fracture.
In THE PERFECT STORM: The Science Behind Subrogating Catastrophic Flood Losses, storm water expert witness Richard Van Bruggen writes:
In contrast to a “floodplain”, “floodways” are determined within the floodplain.
Any encroachment or development on floodplains reduces the flood carrying capacity of a river, increasing flood heights in adjacent areas. In order to limit floodplain development within a central channel area of a river where most of the flood water conveyance occurs, floodways are established. Usually, there is no development allowed in the floodway. Flood damage which occurs in a floodway presents opportunities for subrogation. However, one example to the contrary is in Sonoma County, California, where development in the floodway can exist but must have any net hydraulic effect on the conveyance of the river and homes must be on piers at a minimum level.
Wood manufacturing experts at the Window and Door Manufacturers Association issued a briefing on the EPA Lead Rule Update:
EPA’s new “Lead Rule” went into effect on April 22, 2010 requiring contractors, property managers and others paid to renovate structures built before 1978 to be certified by the U.S. Environmental Protection Agency (EPA).
WDMA staff and member company representatives have met with EPA and Office of Management and Budget (OMB) officials regarding the “Lead: Renovation, Repair and Painting” (RRP) rule expressing concerns over the lack of certified firms, trained renovators, and approved test kits that will be necessary to effectively implement the rule without significant disruption of home renovations throughout the U.S.
Trucking industry expert witness Robert R. Reed writes on Truck/tractor-trailer crashes:
The investigation of large truck crashes can be complex and overwhelming for inexperienced or inadequately trained personnel. Past practices have shown that some truck crash investigations have been conducted inadequately, producing erroneous and incomplete information. Some reasons for this are the complex systems and advanced technology in modern trucks that are not processed at the crash scene or the follow-up reconstruction effort. The statistics of approximately 100 people killed each week across the country and vast numbers of serious injuries and 409,000 police reports of crashes involving large trucks in 2001 dictates that adequate training and procedures are used so thorough investigations are completed using all data available.
Electrical accidents expert witness Lawrence Kamm writes on electrical injuries:
Electrical accidents create personal injuries which are the subjects of attorneys’ lawsuits. Expert witnesses reconstruct these accidents for lawyers and establish their liabilities. Among these accidents are electric shocks, electrocutions, electrical explosions, electrical fires, and flash burns. Lawyers are particularly interested in product liability cases. This lawyer’s tutorial explains the basics of electrical accidents as an introduction to dealing with expert witnesses.
Electricity is a major asset but, along with gasoline, drugs, and explosives it can do major harm if not handled carefully. Electricity is invisible and has no sound or smell but it can give you a shock which may startle you, paralyze you, damage your internal organs in many ways, burn your skin, and kill you. The heat from a short circuit arc may give you a flash burn and a blast injury, the radiation from an electrically powered X-ray tube, laser, or radar antenna can cause internal or external burns, a lightning strike may give you a major shock or electrocution, and an electrically operated device may malfunction and injure you.
In THE PERFECT STORM: The Science Behind Subrogating Catastrophic Flood Losses, hydrology expert witness Richard Van Bruggen writes:
HYDROLOGY VERSUS HYDRAULICS While hydrology is the study of the rainfall-runoff process, including the determination of design frequency storms and floods, hydraulics is the study of how the water flows. In the case of flood flows, this could be the analysis of pipe and channel systems, culvert and bridge design, and the determination of river floodways and floodplains. The hydraulics part is essential to determine how much water fits in the pipe or channel or how far it spreads out on the floodplain.
As with hydrologic simulations, hydraulic simulations can also be conducted.
In Parts Produced by an Owner or Operator. Are They Legal? aviation expert witness David A Botich writes:
The answer to this question is yes, so long as that part meets certain criteria.
This is a subject that has a very profound affect on maintaining and modifying aircraft, and yet is widely unknown or misunderstood. It offers an alternative solution to the owner/operator, whereas it allows a person to produce a part to be installed on a type certified aircraft. Such a person need not be an FAA approved manufacturer. Of course this does not mean that a person may produce a part for an aircraft without following any requirements. It does mean that a person may produce a part, and that part will be eligible (read legal) to be installed on an aircraft, if he follows the FAA requirements for the production of that part.
