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by Richard Bennett ~ Cozen O'Connor

In James D. Fowler v. Nationwide Mutual Fire Ins. Co., 2014 WL 3844215, 2014 S.C. App. LEXIS 209 (S.C. App., Aug. 6, 2014), South Carolina’s Court of Appeals recently held that it was prejudicial error to allow the jury to consider either the report of a volunteer fire chief or his testimony on the issue of cause and origin if he does not qualify as an expert.  The take away is that if a firefighter can’t testify as an expert, any opinion he or she has on causation is simply not a datum that the fact-finder is entitled to know about.

The insured’s home was destroyed by fire in January of 2007.  His homeowner’s carrier, Nationwide Mutual Fire Insurance Company, denied liability after a fire investigator hired by the carrier determined that the blaze was incendiary, and the insured brought suit.  The fire was extinguished by the local volunteer fire department, after which its Chief, David Wright, completed a mandatory form known as a “Truck Report.”  This stated that the fire originated in a kerosene heater in the living room and that the “Cause of Ignition” was “unintentional.”

 

Description

This recall involves 36-volt and 48-volt lithium ion rechargeable batteries sold separately and as original equipment with Pedego electric bikes. Recalled batteries of each voltage came in two styles. One style has a silver or black metal case that measures about 13 ½ inches long, 6 ½ inches wide and 2 ½ inches high, with black plastic end caps and a handle. The other style has a black or white plastic case that measures about 14 inches long, 6 ½ inches wide and 2 ½ inches high with a red indicator lamp on one end. The batteries have serial numbers that start with “DLG.” A label with the serial number is on one side of the metal batteries and on the underside of the plastic batteries.

 

Full details can be found at CPSC or in the members only section.

Description

This recall involves 16-ounce white ceramic beverage mugs with metallic gold accents. A monogram letter A, B, C, D, E, G, H, J, K, L, M, R, S or T is printed in gold on the mug. A sticker on the bottom of the mug has “UPC# 698617673962,” “SKU# 138837” and “Retail: $6.99.”

 

Full details can be found at CPSC or in the members only section.

Description

This recall involves Sears Kenmore stainless steel slide-in ranges with gas cooktops and electric ovens. Model number 790.42603xxx with serial numbers ranging from AF42500601 through AF43000916 and model number 790.42613xxx with serial numbers ranging from AF42500541 through AF43103647 are included. The model and serial numbers are located on the inside frame of the range door on the left side. Kenmore Elite is printed on the front of the oven door.

 

Full details can be found at CPSC or in the members only section.

In the new issue of NFPA Journal®, President Jim Shannon said the Association will focus on the leading causes of home fires, including cooking. "We also need to continue to push hard for home fire sprinklers. That's still a large priority for NFPA, and we plan to work very aggressively in 2014 on our residential sprinkler initiative," he said.

Read more...

Description

This recall involves Lenovo battery packs sold with the following ThinkPad notebook computers: the Edge 11, 13, 14, 15, 120, 125, 320, 325, 420, 425, 430, 520, 525 and 530 series; the L412, L420/421, L512 and L520 series; the T410, T420, T510 and T520 series; the W510 and W520 series; and the X100e, X120e, X121e, X130e, X200, X200s, X201, X201s, X220 and X220t series.

 

The battery packs were also sold separately. The black battery packs measure between 8 to 11 inches long, 1 to 3 inches wide and about 1 inch high. Recalled battery packs have one of the following part numbers starting with the fourth digit in a long series of numbers and letters printed on a white sticker below the bar code on the battery pack: 42T4695, 42T4711, 42T4740, 42T4798, 42T4804, 42T4812, 42T4816, 42T4822, 42T4826, 42T4828, 42T4834, 42T4840, 42T4862, 42T4868, 42T4874, 42T4880, 42T4890, 42T4944, 42T4948, 42T4954, 42T4958, 45N1022 and 45N1050.

 

Get the full details at CPSC or sign in to the members only section

 

 

The next CCAI Training Seminar will be held November 2 - 4, 2015

Governor Brown Directs State Agencies to Revise Flammability Standards

SACRAMENTO – in an effort to protect public safety by reducing the use of toxic flame retardants, Governor Edmund G. Brown Jr. today advised state agencies to revise flammability standards for upholstered furniture sold in the state.

Governor Brown has asked the Bureau of Electronic and Appliance Repair, Home Furnishings and Thermal Insulation to review the state’s four-decade-old flammability standards and recommend changes to reduce toxic flame retardants while continuing to ensure fire safety.

“Toxic flame retardants are found in everything from high chairs to couches and a growing body of evidence suggests that these chemicals harm human health and the environment,” said Governor Brown. “We must find better ways to meet fire safety standards by reducing and eliminating—wherever possible—dangerous chemicals.”
Studies show that humans are at risk from exposure to toxic chemicals used as flame retardants in upholstered furniture. A 2008 study by the Environmental Working Group found that toddlers often have three times the level of flame retardant chemicals in their bodies as their parents, and California children have some of the highest levels of toxic flame retardants in their bodies.

A peer-reviewed study by scientists at Cal/EPA found that California women have much higher levels of toxic flame retardants in their breast tissue than women in other states and countries. Researchers from the University of California, Berkeley found statistically significant associations between flame retardant levels in the blood of California women and reduced fertility. The researchers believe this link may result from alterations in thyroid hormone levels after exposure to the chemicals.

Numerous studies demonstrate that firefighters have significantly elevated rates of cancer, including non-Hodgkin’s lymphoma and brain cancer. A study published in the Journal of Occupational and Environmental Medicine concluded that firefighters have a significantly elevated risk of cancer that may be attributed to toxic chemicals they inhale, including flame retardants.

The guidelines in place now—Technical Bulletin 117 for flammability standards—will be updated to reflect modern manufacturing methods that can lower the use of harmful chemicals.

The process to change these regulations will include workshops and the opportunity for public comment as well as administrative review.


Governor Jerry Brown
State Capitol Building
Sacramento, CA 95814

Press Release - Contra Costa County FPD

Contra Costa County Fire Protection District

Press Release

Subject: Walnut Creek Man Arrested for Arson
Release Date:April 10th 2012
Contact:
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
925-941-3541 Office
925-383-5034 Cell
Vic Massenkoff, Fire Investigator

Late on Friday April 6th, 62 year old Walnut Creek resident Brent Robert Kastroff waskastroff
arrested by Contra Costa County Fire District Investigators and the Walnut Creek Police Department at his home in the community of Rossmoor.

In January of this year, Fire Investigators received information about a small fire that occurred on private property on Vista Del Valle in Lafayette. The property is a large parcel that contains 3 homes, but the majority of the 90 acres is grass covered land that even when maintained can still pose a wildfire threat to nearby homes and residents due to it’s size and topography. The investigation lead to the discovery of a previously unreported fire in May of 2011 in the same area; however there were no leads in either incident.

Read more..

Press Release

Contra Costa County Fire Protection District
Press Release

Subject:        Serial Arsonist Arrest
 Pittsburg, Antioch, and Bay Point areas
Release Date:  December 21, 2011

Contra Costa County Fire Protection District Fire Investigators, assisted by the Pittsburg Police Department, arrested arson suspect, Thomas Hartman, 53 years old, from Pittsburg late Thursday afternoon December 15, 2011 after a Superior Court Judge issued a warrant for his arrest.

Read more.. 

Investigation Nabs Suspects in Car Fire That Seriously Injured LAFD Captain

The Los Angeles Fire Department is pleased to announce the arrest of Maria Porras, 35 and Rigoberto Diaz, 37 both of Los Angeles, in conjunction with an auto-insurance fraud scheme involving an auto fire which occurred near Elysian Park in January 2011.

Read more..

Citronella Candle Hazard

Members and Friends

As you all are aware, we at CCAI want you to be informed. Therefore, I will relate to you an incident that happened in Irvine, CA.

A young school teacher was living in an upscale three story apartment complex on the second floor. The apartment had one bathroom, one bedroom, a living room, and a kitchen area off the living room. The ceiling above the kitchen was at 7 feet while the rest of the apartment was standard height of 8 feet. The apartment has fire sprinklers and one sprinkler is located above the kitchen counter and would reflect water onto the range and counter top if activated.

For some reason the school teacher was burning a Citronella candle on the counter top adjacent to the sink. The candle she purchased was in a small metal bucket with a hoop handle; the candle was not confined in glass. The teacher was washing dishes in the sink when her cat jumped onto the counter top and knocked over the bucket containing the candle. She reacted and reached for the toppled candle with both hands. In one hand she had a glass that she was washing, which contained an amount of water. Some of the water went into the bucket with the candle. A flame came out of the bucket and caused the sprinkler to activate. The water from the sprinkler also got into the bucket and there was an explosion. This entire event happened in a matter of seconds. 

The thought of a candle exploding was a mystery to me and investigator partner, Harry Hatch. We checked several stores trying to purchase the same type of candle the school teacher had described, but no luck. We wanted to see just what the candle would do and also prove or disprove the event.

After looking up Citronella candle fires on the net, we were very surprised to learn that yes, if you add water to a burning Citronella candle it will flare up and sometimes cause an explosion. We all learn something all the time. Be informed and go to yahoo, type in Citronella candle fires and have a look at the videos; you may be as surprised as we were.

Do not be afraid to write us with your hints or new investigation experiences. CCAI is in the business to keep you up to date and informed.

Be Careful Out There
Brad Hamil
Past President
2010

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