Firefighting Expert Witnesses and Their Role in the Safety System

• Main Author: Karol Pachnik
• Format: Article
• Language: English
• Published: Scientific and Research Centre for Fire Protection - National Research Institute 2019-06-01
• Series: Safety & Fire Technology
• Subjects: expert witness; safety; fire; emergency
• Online Access: https://panel.sft.cnbop.pl/storage/4a478a14-fdca-41ef-9984-86f48d7e1c81

Aim: The aim of the article is to present and characterise the professionals who – thanks to their specialised knowledge – are part of the safety system. Introduction: Fire prevention and identifying the causes of fires are key issues in the internal safety system. The authorities are not capable of executing their powers without support from professionals who have the necessary qualifications. In the Polish legal system, there are a number of professionals who have specialised knowledge (expertise), which is the reason for engaging them in the process of making judgments and decisions by judicial and administrative authorities. Such tasks are mostly associated with the profession of a (court) expert witness. With regard to firefighting, there are also fire-safety expert witnesses. There are no complex legal regulations concerning such experts. The level of competence needed for obtaining the status of an expert witness or other firefighting expert is regulated in several different legal acts. Only a comprehensive study of such acts could help explain the role of professionals with specialised knowledge within the safety system. Methodology: This study is based on a theoretical analysis of the legal system and a comparison of the solutions adopted in specific acts with their interpretations in court decisions and relevant literature. Conclusions: It has been found that, when exercising public powers concerning fire prevention, there is a legal requirement to use the assistance provided by other professionals with specialised knowledge and firefighting expert status. In addition, during administrative or court proceedings and investigations there is a legal obligation to only use (court) expert witness assistance. Those professionals need to meet specific criteria to be able to perform their functions. The primary requirement is that they have the necessary qualifications (knowledge and experience) to issue expert opinions. The support of expert witnesses is also desirable in the winding-up proceedings of insurance companies concerning the payment of compensation for damages resulting from fire. However, even the most renowned expert witnesses cannot make final decisions for the authority that seeks their assistance, and their opinions are never binding.