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Re: Scientific Certainty
Posted by:
dcarpenter (IP Logged)
Date: October 26, 2022 09:44AM
"To a reasonable degree of scientific certainty" is a statement that implies that one has reliably applied the Scientific Method to the available data and evidence in a specific incident and has reached a reliable determination that is uniquely consistent with the available evidence.
Your opinions are held to a "reasonable degree," not a "degree." It is a qualitative statement, not a quantitative statement.
It is an initial statement that communicates to the court that you understand how to apply the methodology required to produce reliable determinations. That methodology is the Scientific Method as recommended in NFPA 921 and required in NFPA 1033. This initially speaks to Daubert and the reliability of your methodology.
No different than saying "I followed the Scientific Method" or "I followed NFPA 921." So what are you saying if you do not state that you followed the SM or NFPA 921?
Similarly (and again), what are you saying if you do not state that your opinions are held to a reasonable degree of scientific certainty?
This statement (and Daubert) speak to the reliability of the methodology applied. The judge deals with this issue and not the jury. The judge is not suppose to allow the jury to hear determinations or opinions produced with an unreliable methodology.
This initial statement is not the end all, be all. You are still subjected to examination by the court as to the details of your reliable application of the SM.
Douglas J. Carpenter, MScFPE, CFEI, PE, FSFPE
Vice President & Principal Engineer
Combustion Science & Engineering, Inc.
8940 Old Annapolis Road, Suite L
Columbia, MD 21045
(410) 884-3266
(410) 884-3267 (fax)
www.csefire.com