A “Toolbox” for Forensic Engineers

16 Forensic Materials Engineering: Case Studies
documents presented by each side in support of their case, and prepared by
the lawyers with the aid of experts if technical issues are at stake. Frequently,
so-called “skeleton arguments” can also be presented as more evidence comes
to light as trial approaches, and the original pleadings must be revised.
Expert engineers play a key role in marshalling the evidence, both real
and often voluminous documentary evidence. Thus if a product fails, there
will always be in-house documents from the manufacturer relating to quality
control, for example. Such documents are usually “discovered” (a legal
term for obtaining information from the other side in a dispute) well before
trial to all parties in an action, and may include, in technical cases, the
following:
• Maps, plans and engineering drawings
• Quality control records
• Testing records
• Models and prototypes
• Specifications and standards
• Internal memos and correspondence between the parties (privileged
documents being excluded)
Such documents assume great importance as a trial approaches, because
they help to flesh out the background as well as provide key details about
the product in question. A plaintiff who has suffered individual loss or injury
from a product failure does not have the information about the way in which
the product was made and its quality checks after manufacture. The plaintiff
will often have an expert report on the failure, however, that will point to
areas that should show how the defect could have arisen or was not detected
by the quality managers of the manufacturing company. The expert performs
a valuable role here, by specifying what discovery should be made in order
to clarify the failure, following production of his or her report or reports
concerning the failure.
However, it is the material evidence that usually forms the starting point
for a forensic investigation, and it is often that very evidence that provides a
much more detailed picture of what actually happened in an accident, for
example. The evidence often gives vital clues as to how an accident was
initiated, perhaps from traces of contact with other bodies, or from features
that reveal the way in which the product was made originally. Analysis can
also show whether or not the material of construction was appropriate to
the function it performed in service, or whether it was affected by processing
during manufacture, or by its working environment. It is the role of the
expert engineer to initiate such investigations.