Standard of Care in Civil Litigation
Publication: Journal of Professional Issues in Engineering Education and Practice
Volume 120, Issue 2
Abstract
There have been different standards of care throughout history. Hammurabi's legal standard was that if a house collapsed and killed the owner, then the builder would be killed. The Napoleonic code stated that if a structure had a serviceability problem within 10 years of its completion, the builder would be sent to prison. The contemporary standard of care is commonly defined as that level of skill and competence ordinarily and contemporaneously demonstrated by professionals of the same discipline, practicing in the same locale, and faced with the same or similar facts and circumstances. This standard must take into account the engineer's learning and skill, the location where the engineer practices, the availability of facilities, and whether the civil engineer qualifies as a specialist, in which case the standard of care may be higher. In a court of law an expert witness determines the standard of care based on investigations, a review of reports and records, or opinions of other professionals performing the same or similar services at the time in question.
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References
1.
FitzSimons, N. (1986). “An historic perspective of failures of civil engineering works.” Forensic engineering: learning from failures. ASCE, New York, N.Y., 38–45.
2.
Recommended practices for design professionals engaged as experts in the resolution of construction industry disputes. (1991). Endorsed by ASCE, New York, N.Y.
3.
Shuirman, G., and Slosson, J. E. (1992). Forensic engineering—environmental case histories for civil engineers and geologists. Academic Press, Inc., New York, N.Y.
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Sweet, J. (1970). Legal aspects of architecture, engineering, and the construction process. West Publishing Co., St. Paul, Minn.
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Copyright
Copyright © 1994 American Society of Civil Engineers.
History
Received: Jun 10, 1993
Published online: Apr 1, 1994
Published in print: Apr 1994
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