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In an unpublished decision, the California Court of Appeal found no prejudicial error in the introduction of evidence of a four year old arson to the insured’s vehicle in an insured’s trial for arson and insurance fraud involving his business.

People v. Valerio (Second District Court of Appeal of California, February 23, 2016, Unpublished) 2016 WL 720988

Valerio’s business was having financial difficulty. Six weeks after taking out a business insurance policy, a fire occurred. The investigation revealed gasoline and road flares were used to start the fire. Four years earlier, Valerio had presented an insurance claim for arson to his vehicle which also involved the use of gasoline and road flares. (The claim was paid and no criminal charges were brought.) Valerio was convicted of arson and insurance fraud, based in part on this prior act evidence. On appeal, he claimed the introduction of the prior arson was prejudicial. The appellate court affirmed, concluding that the evidence of the prior fire was not inadmissible, because “other act” evidence may be admitted when relevant to prove some other material fact, including intent, knowledge, identity, motive, or the existence of a common design or plan.

To view the opinion, click HERE.

John D. DeHaan, Ph.D., FABC, FFSSoc, MIFireE
November 2011

Introduction: 

In every country, particularly in highly industrialized ones, fire kills a significant percentage of people. In the U.S., it is one of the five leading causes of accidental death with about 3,500 fire deaths reported per year (12 per million population).1 In the UK, 451 fire-related deaths were reported in 2008 (7.1 deaths/1000 dwelling fires or 7.3 per million population).2 Scotland reported only 47 fire fatalities in 2010-11 and 59 for 2009-10.3 These figures are about half of what they were in the 1970’s. The involvement of the investigator or forensic specialist in fatal fires can come in any form, from any sector, and challenge one’s talents and knowledge to come to just and accurate conclusions. These cases require the highest degree of cooperation between the investigators who all have contributions to make towards a successful investigation. When deaths occur in a fire, the event becomes the focus of the press and the public as well as police, fire, insurance, and forensic professionals. When problems occur, they can have far-reaching consequences. 

 

From Out of the Abyss...

This week's article is from the March 1956 VOL II, No 3 issue of the California Conference of Arson Investigators newsletter.  It was written by George W. Lacy.

"What Constitutes Evidence", Analyzed Unusual Evidence for Scientific Identification. 

SUMMARY:

Eldorado National-Kansas (Eldorado) is recalling certain model year 2010-2015 Amerivan and Amerivan 10 vehicles manufactured September 1, 2009, to March 28, 2016 on Dodge and Chrysler minivan chassis. The crimp fastener on the fuel line assembly of the affected vehicles may not be fully crimped, allowing fuel to leak at the hose to fitting assembly.

Find the details at NHTSA

Description

This recall involves Rheem brand “Performance Platinum” electric water heaters in 40, 50 and 80 gallon capacities. The recalled water heaters are gray and have the “Performance Platinum” Rheem logo decal on the front above the thermostat control panel. The water heaters have a rating plate near the bottom of the unit with the model number, date of manufacture and serial number. Recalled water heaters have the following model number and have a serial number within the following ranges:

Model Number

Serial Number Ranges

Date Code

XE40M12EC55U0

A0114XXXXX to A5214XXXXX

M0114XXXXX to M5214XXXXX

Q0114XXXXX to Q5214XXXXX

 

A0515XXXXX

 

A1015XXXXX to A1615XXXXX

01Jan2014 – 21Dec2014

 

 

 

30Jan2015

 

03Mar2015  – 13Apr2015

XE50M12EC55U0

A0114XXXXX to A5214XXXXX

M0114XXXXX to M5214XXXXX

Q0114XXXXX to Q5214XXXXX

 

A0515XXXXX

 

A1015XXXXX to A1615XXXXX

01Jan2014 – 21Dec2014

 

 

 

30Jan2015

 

03Mar2015 – 13Apr2015

XE50T12EC55U0

A0114XXXXX to A5214XXXXX

M0114XXXXX to M5214XXXXX

Q0114XXXXX to Q5214XXXXX

1Jan2014 – 21Dec2014

XE80T12EC55U0

A0114XXXXX to A5214XXXXX

M0114XXXXX to M5214XXXXX

Q0114XXXXX to Q5214XXXXX

1Jan2014 – 21Dec2014

Get the full details at CPSC.

CCAI was recently contacted by CBS (San Francisco) News Investigative Reporter, Julie Watts, regarding fire retardant chemicals in child car seats, and was looking for footage of burning vehicles. We were happy to help.

SAN FRANCISCO (KPIX 5) — Car seats are the only consumer product that parents are legally required to purchase in every state, though they are also commonly used outside of the car as strollers seats, swing inserts and as a place for babies to sleep inside the home.

A recent KPIX investigation repeatedly uncovered concerning, even cancer-causing, chemicals in a majority of the car seats tested. Then, using biomonitoring, we linked high levels of cancer-causing flame retardants in a child’s body to the flame retardants in her car seat.

The alleged culprit: the National Highway Traffic Safety Administration’s (NHTSA) 44-year old Federal Motor Vehicle Flammability Standard, FMVSS No. 302.

Click here for the video

Click on the link to see the full investigation.

Toxic Safety: Investigating Car Seat Chemicals

Nestlé Waters North America Recalls Water Dispensers

Description

This recall involves Nestlé three and five gallon cold and hot water dispensers. The units are white and silver in color and measure about 38 inches tall by 13 inches wide. Water is dispensed from the large plastic water bottle on the top of the unit through the machine by pushing on the paddles below that are marked with blue for cold water and red for hot water. The Nestlé Waters North America logo is on the front of the units. Only the following model and serial numbers are included in this recall. The model and serial numbers are printed on a white sticker on the back of the units.
 

Details can be seen at CPSC.
 

 

Recalled Nestlé water dispenser
Model Numbers
Serial Numbers

deBW210EZ

BW210EZES

LB15A12606

LB15A12620

LB15A12622

LB15A12631

LB15A12670

LB15A12687

LB15A12690

LB15A12762

LB15A12763

LB15A12848

LB15A12849

LB15A12870

LB15A12888

GM Threatened With Regulatory Investigation Before Issuing Recall For Fire-Prone Hummers

July 14, 2015

Last week, General Motors announced that it would recall nearly 196,000 Hummer vehicles because simply turning on the heating or cooling system could set the car ablaze.While we reported that federal regulators had received nearly two dozen consumer complaints about the issue over the past seven years, a new report finds that the real number of reported incidents is much higher, and that GM may have continued to put off issuing the recall had it not been for threats of an investigation.

Jalopnik, citing sources with the National Highway Traffic Safety Administration, reported earlier today that General Motors only recalled the model year 2006 to 2010 Hummer H3 and model year 2009 to 2010 H3T after regulators threatened to open a formal investigation into the issue.

According to GM, the issue with the Hummer vehicles is related to an electrical part in the heating and cooling system that can overheat and cause a fire inside the dashboard.

Jalopnik reports that the first fire related to the blower issue occurred in August 2008 and was reported to NHTSA the following month.

However, a chronology report [PDF] posted by NHTSA at the time of the recall alleges the company only learned about the issue after receiving two consumer complaints through its Speak Up For Safety program in September 2014.

Read more...

Hearth & Home Technologies Recalls Gas Fireplaces

Corner FireplaceDescription

This recall involves Heat-N-Glo® and Heatilator® Corner Unit Series indoor gas fireplaces. The fireplaces are LP or NG-fueled corner units with tempered glass fronts. The following model numbers are printed on the unit rating plate, located near the controls used to operate the units, and in the instruction manual.

 

LCOR-36TRB-IPI
RCOR-36TRB-IPI
GDCL4136I
GDCR4136I

 See the full details at CPSC

Cooper Lighting Recalls Fluorescent Lighting Fixtures

RecallDescription

This recall involves indoor 2-light fluorescent light fixtures that range in size from 18 inches to 4 feet long. The fixtures were sold in white and can be mounted from heights between 8 and 12 feet. A date code between 182 11 (July 1, 2011) and 090 15 (March 31, 2015) is affixed to the fixture near the ballast in a DDD YY format. Catalogue and model numbers are located on the second line of a label affixed to the inside of the fixture. Catalogue and model numbers included in the recall: DLE217RLP, DLE217RLPB, DLE 232RLP, DLE232RLPB, SL232R, SL232R/1, SL232RPC, SL232RTP, SLNR232R, SLNR232R/1, SLNR232RCHR, SLW232R, SLW232R/1, SNF115R, SNF117R, SNF125R, SNF217R, SSF217R, WP217R, WP217RNKLLU, WP232R, WP232RLU, WP232RNKL, WP232RNKLLU and WP232RNKLRL.

 

Click here for full details from CPSC.

Code or standard?

What's the difference between a code and a standard?
Michael Heinsdorf, PE, LEED AP, CDT, ARCOM
07/01/2015

Almost every consulting engineer works with codes and standards on a daily basis, but do you know the difference between a code and a standard?

According to the National Institute of Standards and Technology (NIST) Circular No. A-119, Revised, a standard is "[t]he definition of terms; classification of components; delineation of procedures; specification of dimensions, materials, performance, designs, or operations; measurement of quality and quantity in describing materials, processes, products, systems, services, or practices; test methods and sampling procedures; or descriptions of fit and measurements of size or strength." In plain English, a standard consists of technical definitions, procedures, and/or guidelines that specify minimum requirements or instructions for manufacturers, installers, and users of equipment. This can be done by specifying either the methods or the results; the latter is known as "performance specifying." Most importantly, a standard provides standardization or agreement within the industry, which translates to a common reference among engineers, manufacturers, and bidders.

 

Read more...

More Articles...

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