Toxicological investigation of liquid petroleum gas explosion: human model for propane/ethyl mercaptan exposures

Four individuals died as the result of a propane explosion. As with many propane explosions, the question was raised as to the adequacy of the product's odorization after the autopsy studies had been conducted. In most cases, this question leads to litigation. Ethyl mercaptan is a widely used odorant for propane and was used in this instance. Three of the four victims had blood available at autopsy for study. Quantitative analyses of the victims' blood, obtained during autopsy, were performed using gas chromatography/mass spectrometry, without subjecting the samples to hydrolysis. These analyses determined the relative amounts of propane and ethyl mercaptan in the blood to be 90, 63, and 175 mL/m3 headspace, and 0.36, 0.34, and 0.77 microgram/L blood, respectively. Since mercaptans have been reported in human blood as products of metabolism, modeling studies were conducted to establish the validity of the autopsy data and to develop an autopsy toxicology protocol for investigating explosion deaths. When subjects were not exposed to an atmosphere containing ethyl mercaptan, dimethylsulfide was the only mercaptan detectable in their blood without severe hydrolysis prior to analysis. Metabolic ethyl mercaptan is sufficiently bound to be undetectable by the methods used without hydrolysis. Human subjects were exposed to a flammable mixture of air and propane odorized with ethyl mercaptan. The analyses of the blood from these subjects produced results which were comparable with those for the explosion victims, establishing that the question of odorant adequacy can be addressed at the autopsy of propane explosion victims. It is extremely important that the pathologist and toxicologist investigating gas explosion deaths recognize the valuable evidence existing in the victim's blood.     

Free radical production from controlled low-energy fires: toxicity considerations

Most fire departments respond within the first 5 min of notification of a fire. If fire victims are found at that stage by the firefighters, then incapacitation or death has occurred during the initial low-energy phase where smoke is being produced. Studies have shown that during this initial low-energy phase of the fire, gases commonly thought responsible for incapacitation or death are frequently not present in concentrations adequate to cause this result. In the current study free radicals, measured by electron spin resonance spectroscopy, were trapped in concentrations that we consider incapacitating, thus providing an explanation for "incapacitation without cause." This finding points the way to the design of more efficient temporary protective equipment for those who are in a high fire hazard environment, such as airline passengers, and suggests the idea of establishing a thermodynamic marker for the relative toxicity of building materials.     

Insurance Fraud and the Role of the Civil Law

Two UK Supreme Court decisions have considered insurance fraud. The first, Versloot Dredging BV v HDI‐Gerling Industries Versicherung (The DC Merwestone), concerned the use of a fraudulent device being harnessed to support a legitimate claim which, in the view of the majority, was an area of insurance law in need of re‐evaluation. The second, Haywood v Zurich Insurance Co, concerned the use of fraud to increase the settlement paid by the insurer and whether an insurer, which suspects fraud but has nevertheless chosen to settle a claim, is entitled to set aside the settlement under the tort of deceit where it subsequently discovers proof that it was in fact fraudulent. This case note examines not only the legal implications of the decisions and their likely impact on industry practice, it also focuses on the broader issue of the proper province of the civil law and whether general deterrence can be justified as a proper objective where the criminal law is deficient in punishing fraud because of its higher standard of proof.     

Reconstructing Insurance Law: The Law Commissions' Consultation Paper

In July 2007 the English and Scottish Law Commissions published the consultation paper Insurance Law – Non-disclosure and Breach of Warranty (hereafter LCCP) which sets out in detail the Commissions' provisional proposals for the reform of insurance contract law with particular reference to the key areas of utmost good faith, warranties and agency. This article analyses, from a critical standpoint, the LCCP's principal conclusions and recommendations. It begins by noting, as a means of demonstrating that the current reform process should be informed by modern industry practices, that the ways in which modern insurance contracts are concluded differ significantly from those when insurance law was last reviewed by the Law Commission in 1980. The article then discusses the dichotomy between consumer and business insurance given that this distinction underpins the LCCP and its approach towards reforming the pre-contractual duty of good faith. By way of backdrop to the analysis, we consider the approach taken towards reforming the law governing intermediaries acting for prospective assureds during the disclosure process. Finally, the proposed rules for warranties and similar terms are examined. It is argued that the proposal to retain continuing warranties in business insurance contracts will, if implemented, represent a missed opportunity to rid insurance contracts of terms long criticised as draconian and disproportionate in their effect.     

Reforming Liability for Psychiatric Injury in Scotland: A Recipe for Uncertainty?

It is widely acknowledged that the common law rules governing liability for psychiatric injury in the United Kingdom are in an unsatisfactory state. The Scottish Law Commission has now published a report, Damages for Psychiatric Injury (Scot Law Com No 196, 2004), which recommends wholesale statutory reform of this area of the law. In this paper, the report is summarised, and its recommendations subjected to detailed critical analysis. It is concluded that, while the proposed statutory scheme is both coherent and imaginative, the Commission's consistent preference for flexible, fact-oriented rules means that implementation of the report's recommendations could give rise to an unacceptable degree of uncertainty.     

Contributory Negligence in the Twenty‐First Century: An Empirical Study of First Instance Decisions

In this article we report the results of an empirical study of 368 first instance decisions on the contributory negligence doctrine handed down in England and Wales between 2000 and 2014. The two central questions at which we looked were: how often a defendant's plea of contributory negligence was successful; and by how much a claimant's damages were reduced when a finding of contributory negligence was made. We also considered the extent to which the answers to these questions depended on the following variables: the claimant's age; the claimant's gender; the type of damage suffered by the claimant; the contextual setting of the claim; and the year of the decision. Our study uncovered several important truths about the contributory negligence doctrine hidden in this mass of case law, some of which cast significant doubt on the accuracy of widely held views about the doctrine's operation.     

Policy Changes on Canada's Rivers: Different but not Isolated

I address two questions in this article. First, how do policy changes in Canada differ from those in the United States? Second, are such changes isolated from American influence? I argue that Canadian policy changes will be more driven by subnational bureaucrats, more dependent upon fortuitous alignments of interests and institutions, and less quickly emulated by other jurisdictions than policy changes in the United States. I will also argue that policy changes in Canada are not completely isolated from those in the United States, not given the ability of ideas to cross international borders to change the framing of issues. I examine these arguments in the context of changing river management policies in British Columbia and Ontario.     

Studies of toxic gas production during actual structural fires in the Dallas area

Gases produced during structural fires were studied as to their potential toxicities. Carbon monoxide was the only gas measured in concentrations considered to be lethal within a short period of time. No correlations were found between gases produced and materials burning. However, significant correlations were discovered between gases produced and the physical aspects of the fire (intensity, burning rate, and the like). The organic compounds identified within the gases gave insight as to another potential health hazard not yet considered. These organic compounds are the products of free radical reactions and as free radicals their potential as toxics is enormous.