An Engineering View of Liability and Negligence in Engineering Practice

Course Summary:

This course examines concept of professional liability for engineering activities and products and its relation to the concepts of professional negligence and product liability as defined in law, particularly in the United States. Elements of tort liability discussed in this course reflect societal expectations for engineering practice and engineering products. The paper first examines the basis for legal liability for general tortious conduct and then specifically examines the concepts of professional ‘malpractice’ (professional negligence) and strict liability for products in the United States.

Learning Objective:

The purpose of this course is to examine liability faced by engineers for their professional activities and to encourage engineering professionals to understand societal expectations as expressed in civil liabilities for their activities falling under an expected standard of care.

This course briefly examines tort liability under the concept of negligence (as applied in jurisdictions in the United States). Tort law varies from jurisdiction to jurisdiction in the United States, but the various states apply common principals and analytical tools in establishing liability. Internationally, many nations apply concepts relating to negligence in a similar way. As a result, many of the elements of liability under negligence discussed in this paper are useful outside the boarders of the US, because they hold in those nations that apply liability under common law and under civil codes. As an example, the elements required for liability under negligence are remarkably similar in a broad range of national jurisdictions. In the United States tort law falls under jurisdiction of the various states rather than under federal law, and as a result, the law varies from state to state.

Course Author:

Franco F. Davati, P.E.

Certificate of completion of the course

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