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Re: One Question
Posted by: Jim Mazerat (IP Logged)
Date: February 23, 2007 07:10PM

I believe we are saying the same thing. I agree that reasonable and ordinary is mandatory, but this is not judged based on solely on something written in a document. Reasonable or ordinary care is such care as a reasonably careful and ordinarily prudent person would exercise under the same or similar circumstances. This can be also based on knowledge and experience. Once a person agrees this one document is the standard of care that should guide the action taken, then their freedom for other ideas or concepts is lost.

I agree with you to the point that if the document being suggested as the standard of care for the profession has been generally accepted by the profession then the person would be required to follow the document or risk the possibility of being found negligent. My first question is there any data that supports 921has been accepted by a majority of the fire investigation community as a document that is considered the standard of care for fire investigators. By using this term I am meaning that it is mandatory that it be followed with the idea that if the investigator is found not to have followed the document they can be held negligent. From what you have said in the past, I am sure you agree that not following the recognized standard of care means the person did not exhibit reasonable or ordinary care as a reasonably careful and ordinarily prudent person in that profession would exercise under the same or similar circumstances had the standard of care been followed, thereby the person can be found libable and be forced to pay damages to the opposing party.

I more agree that 921 is a paradigm more than a standard of care. By considering it a paradigm we get away from the standard of care and negligence argument. Are we looking to use this document to educate or punish? If education is our purpose that the term “Paradigm” fits perfectly, however if the intended use is as a vehicle to punish those that do not follow the document then “standard of Care” may be the best term.



Subject Views Written By Posted
  One Question 1879 Jim Mazerat 02/20/2007 06:00PM
  Re: One Question 1144 PMK140 02/20/2007 08:37PM
  Re: One Question 969 Jim Mazerat 02/20/2007 09:13PM
  Re: One Question 1162 John J. Lentini, CFEI 02/21/2007 12:33AM
  Re: One Question 1080 Jim Mazerat 02/21/2007 09:52AM
  Re: One Question 982 John J. Lentini, CFEI 02/21/2007 10:59AM
  Re: One Question 1039 Jim Mazerat 02/21/2007 12:32PM
  Re: One Question 1029 Gerald Hurst 02/21/2007 01:06PM
  Re: One Question 1058 Jim Mazerat 02/21/2007 01:22PM
  Re: One Question 1020 ssklar 02/22/2007 10:57AM
  Re: One Question 994 Jim Mazerat 02/22/2007 11:45AM
  Re: One Question 1048 Tony La Palio 02/22/2007 02:58PM
  Re: One Question 1018 Jim Mazerat 02/22/2007 03:05PM
  Re: Great Answer to What White Smoke Means 1027 Mike Learmonth 02/25/2007 09:58AM
  Re: One Question 962 ssklar 02/23/2007 04:52PM
  Re: One Question 1066 Jim Mazerat 02/23/2007 07:10PM
  Re: One Question 1002 ssklar 02/24/2007 11:48PM
  Re: One Question 1039 Jim Mazerat 02/25/2007 10:59AM
  Re: One Question 990 MIJ 02/25/2007 12:10PM
  Re: One Question 1036 Jim Mazerat 02/25/2007 12:32PM
  Re: One Question 938 ssklar 02/25/2007 04:56PM
  Re: One Question 1537 Jim Mazerat 02/25/2007 05:28PM
  Re: One Question 967 ssklar 02/26/2007 08:27AM
  Re: One Question 906 Jim Mazerat 02/26/2007 09:59AM
  Re: One Question 932 Jim Mazerat 02/25/2007 07:29PM
  Re: One Question 991 PMK140 02/25/2007 08:02PM
  Re: One Question 911 Jim Mazerat 02/25/2007 09:11PM
  It's a paradigm 1170 SJAvato 02/21/2007 01:47PM
  Re: It's a paradigm 1034 PMK140 02/21/2007 05:05PM
  Re: It's a paradigm 1725 Jim Mazerat 02/25/2007 09:10PM
  Re: It's a paradigm 1099 John J. Lentini, CFEI 02/25/2007 11:56PM
  Re: It's a paradigm 906 Jim Mazerat 02/26/2007 11:14AM
  Re: It's a paradigm 971 Jim Mazerat 02/26/2007 12:12PM
  Re: It's a paradigm 934 PMK140 02/26/2007 08:18AM
  Re: It's a paradigm 1000 Jim Mazerat 02/26/2007 10:05AM
  Re: It's a paradigm 953 MIJ 02/26/2007 10:12AM
  Re: It's a paradigm 928 Jim Mazerat 02/26/2007 10:23AM
  Re: It's a paradigm 923 Jim Mazerat 02/26/2007 12:20PM
  Re: It's a paradigm 995 Jim Mazerat 02/21/2007 06:34PM
  Re: It's a paradigm 1074 Jim Mazerat 02/21/2007 07:17PM
  Re: It's a paradigm 1662 SJAvato 02/21/2007 08:02PM
  Re: It's a paradigm 948 Jim Mazerat 02/21/2007 09:00PM
  Re: It's a paradigm 1008 Jim Mazerat 02/23/2007 11:21AM
  Re: It's a paradigm 1005 Ted Pagels 02/25/2007 08:23PM
  Re: It's a paradigm 969 Jim Mazerat 02/25/2007 09:13PM


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