fire expert witness bad faith insurance claim litigation accident reconstruction FIRE EXPERT WITNESS In the course of investigation of a Fire ,a Fire Investigation Officer will on occassions be called as an "Expert Witness" within a Court of Law. He serves as an expert witness specializing in cases involving carbon dioxide. Fire expert testimony on the origin and cause of a fire is an indispensable part of every type of fire litigation. It is a requisite element of proof in criminal and civil arson cases, subrogation actions and fire liability claims. The level of proof developed by an expert witness in establishing the origin and cause of a fire will directly affect the outcome of a trial. However, the level of proof necessary to render an expert opinion on the origin and cause of a fire can vary and involves a number of important considerations. In most fields of expert testimony, courts have required the expert witness to establish his opinions or conclusions "to a reasonable degree of scientific certainty." In fire litigation cases, several courts have considered the level of "certainty" required by a fire investigator to establish the origin and cause of a fire. It is incumbent on the attorney who hires a fire expert witness to fully explain the parameters of the engagement. What is being asked of the expert witness? Many expert witnesses exist in the area of fire research who have no laboratory with which to run the tests necessary to back up their claims. Similarly, there are a number of fire testing laboratories that lack an expert witness with extensive litigation experience.