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Re: It's a paradigm
Posted by:
Jim Mazerat (IP Logged)
Date: February 26, 2007 12:20PM
Do me a favor and put yourself on the stand with the opinion 921 is the standard of care for fire investigators. Then think of the person following your testimony being from NFPA and stating, the use of 921 allows the investigator (depending on their responsibility, as well as the purpose and scope of their investigation) to apply the appropriate recommended procedures in this guide to a particular incident. He also testifies that the NFPA does not independently test, evaluate, or verify the accuracy of any information or the soundness of any judgments contained in its Codes and Standards which include 921. The person then states the NFPA also makes no guaranty or warranty as to the accuracy or completeness of any information published in NFPA Codes and Standards. His closing testimony is anyone using NFPA Codes and Standards, which includes 921, should rely on his or her own independent judgment or, as appropriate, seek the advice of a competent professional in determining the exercise of reasonable care in any given circumstances.
Can you see the jury after the question is asked, "Well based on these factors you as the publisher of the document does not know what information contained in this document is correct or what is not?"
Can you see the affect this testimony would have to a judge or jury when the question of 921 being the standard of care comes up? I know what I would think on a jury. By the way, NFPA has testified through their representatives to the above disclaimer.