Strategies for Avoiding Civil Liability

In the United States, a practicing engineer cannot perform services without the fear of a lawsuit. Some strategies for avoiding civil liability include assessing the risk before accepting the assignment, purchasing errors‐and‐omissions insurance, and using limitation‐of‐liability clauses in contracts. Each strategy has advantages and disadvantages. For example, by purchasing insurance, the insurance company will have to pay the attorneys fees, provide the legal defense, and pay judgments up to the limits of the policy. But insurance can be very expensive, and some engineers believe that having insurance invites lawsuits. Another common strategy is to use a higher factor of safety in the design, which may cost the client more but will reduce the risk of failure. The trend in the United States is toward a more litigious society, one where failure will not be accepted without a lawsuit.