Engineering Standard of Care

Introduction

The engineering standard of care is a legal concept that defines the level of skill and care that is expected of an engineer when performing engineering services. This standard is based on the prevailing practices and customs of the engineering profession, and it is used to determine whether an engineer has acted negligently in the performance of their duties.

Elements of the Engineering Standard of Care

The engineering standard of care is based on the following elements:

The engineer’s education and experience
The complexity of the engineering project
The prevailing practices and customs of the engineering profession
The applicable laws and regulations

Breach of the Engineering Standard of Care

An engineer may be found to have breached the engineering standard of care if they fail to meet any of the following elements:

The engineer does not have the necessary education and experience to perform the engineering services.
The engineer does not follow the prevailing practices and customs of the engineering profession.
The engineer does not comply with the applicable laws and regulations.

Consequences of Breaching the Engineering Standard of Care

An engineer who breaches the engineering standard of care may be held liable for damages. These damages may include:

Property damage
Personal injury
Economic losses

Defenses to a Breach of the Engineering Standard of Care

There are several defenses that an engineer may raise to a claim for breach of the engineering standard of care. These defenses include:

The engineer did not have the necessary education and experience to perform the engineering services.
The engineer followed the prevailing practices and customs of the engineering profession.
The engineer complied with the applicable laws and regulations.
The engineer’s actions were justified by an emergency.