Essential Elements of Engineering Design Liability
In the field of engineering, design flaws can lead to significant consequences, including safety hazards, financial losses, and damage to reputation. Engineers in Kansas and across the country have a duty to provide designs that meet high standards of safety and functionality, and when their designs fail, they may be held liable.
At Myers Longhofer in Overland Park, Kansas, we understand that the legal principles of engineering design liability are crucial for those practicing in this field. The stakes are high, and both professional responsibility and the potential for legal action are always present.
Whether you’re an engineer, a firm, or a contractor working on large-scale projects, it’s important to understand the essential elements of engineering design liability under Kansas law, especially from a business law perspective.
Read on to learn more about the key elements that constitute engineering design liability, including the duty of care engineers owe to clients and the public, how a breach of said duty is determined, and what the legal implications are for engineers who fail to meet their obligations. We’ll also discuss how business law intersects with engineering design and how understanding legal principles can help mitigate risks.
Engineering Design Liability 101
Engineering design liability refers to the legal responsibility that engineers have when their designs fail to meet necessary safety or functionality standards, resulting in damage or injury.
Engineers are held accountable for providing safe, effective, and compliant designs. Failing to meet these obligations can result in lawsuits, significant financial damages, and the potential loss of a professional license.
When discussing engineering design liability, it’s important to recognize that business law principles are often involved, especially when corporate entities are sued for design failures.
The responsibility of engineers extends beyond simply meeting technical specifications; it also includes fulfilling legal obligations that stem from business law, contracts, and professional standards. Engineers must act in a manner that’s consistent with industry norms, safety regulations, and local Kansas laws to avoid liability.
The Foundation of Engineering Design Liability
The first essential element in establishing engineering design liability is the duty of care that engineers owe to their clients, contractors, and the general public.
This legal concept refers to the obligation to act in a manner that upholds the safety, welfare, and best interests of those who will be impacted by the engineer’s work. In Kansas, engineers have a legal duty to perform their work with the level of skill and competence that’s expected of professionals in their field.
This duty extends beyond the immediate parties involved in the engineering project to include the general public, especially when the engineer’s designs have the potential to cause harm.
For example, when an engineer designs a bridge or building, there’s an inherent risk that failure could result in significant property damage, injury, or even death. The engineer's duty of care requires them to consider all potential hazards and risks in their design process.
When evaluating whether an engineer has fulfilled their duty of care, courts will often look to established industry standards, building codes, and safety regulations. For instance, if an engineer doesn’t account for the Kansas Building Code or ignores local safety guidelines, they may be found in breach of their duty.
When Engineers Fall Short
Once a duty of care has been established, the next key element of engineering design liability is proving that the engineer breached that duty. A breach occurs when the engineer’s actions or omissions fall short of the required standard of care. This can happen in several ways, including:
Design errors: Engineers are responsible for designing systems, structures, and products that function as intended. If a design error occurs—such as incorrect measurements, flawed calculations, or overlooked safety considerations—the engineer may be in breach of their duty.
Failure to follow standards: Engineers should adhere to industry-specific standards and codes when designing their projects. In Kansas, this could include the Kansas Building Code or safety guidelines outlined by the Occupational Safety and Health Administration (OSHA). If an engineer disregards these standards, this may be considered evidence of negligence.
Inadequate supervision or oversight: In some cases, engineers may not be directly responsible for the day-to-day activities of a project but still bear responsibility for making sure that their designs are implemented correctly. If an engineer fails to supervise or provide oversight to the construction or manufacturing process, they could be found in breach of duty.
The question of whether an engineer’s actions constitute a breach of duty will typically be evaluated against what a reasonable professional would have done in similar circumstances. If the engineer deviates from standard industry practices or fails to take appropriate precautions, they may be found liable for any resulting harm.
The Link Between Breach and Harm
For an engineer to be held liable for a design flaw, there must be a clear causal link between the breach of duty and the harm that occurred. This means that the plaintiff must prove that the engineer’s actions directly caused the damage or injury.
In Kansas, as with other states, this principle is critical in engineering design liability cases, as the burden of proof falls on the plaintiff to show that the breach led to the specific harm suffered.
For example, if an engineer designs a building with inadequate structural support, and the building later collapses, the injured parties must demonstrate that the collapse was directly caused by the engineer’s design.
If other factors, such as poor construction or misuse of the building, contributed to the failure, the engineer may not be held solely responsible.
Causation can be a challenging element to prove, particularly in intricate engineering cases where multiple variables are involved. For this reason, engineers are advised to keep detailed records of their design process, documentation of safety checks, and communications with clients to provide a defense in the event of litigation.
Assessing the Impact of Design Failures
Finally, for an engineer to be held liable for a design failure, the plaintiff must show that actual damages occurred as a result of the breach of duty. In Kansas, damages can take various forms, including:
Property damage: If the engineer’s design flaw leads to property damage, the plaintiff may seek compensation for repairs, rebuilding costs, or other financial losses.
Personal injury or death: If a design flaw results in injury or death, the plaintiff may be entitled to compensation for medical expenses, lost wages, pain and suffering, and other related damages.
Financial loss: Engineers can also be held accountable for financial losses resulting from their designs. For example, if a company suffers from delays or increased costs due to a design flaw, the engineer may be liable for those financial impacts.
In Kansas, damages awarded in engineering design liability cases can be substantial, especially if the failure involves significant property damage or personal injury. In some cases, punitive damages may also be awarded if the engineer’s conduct is deemed grossly negligent or reckless.
Business Law and Engineering Design Liability
Engineers who are employed by design firms or contractors may face liability claims that involve their business entities as well as their personal professional liability. In these cases, business law principles come into play, as corporate structures, contracts, and insurance policies can impact the outcome of liability claims.
Corporate liability: When engineers work as part of a company or corporation, the business entity may be held liable for any damages caused by the engineer’s design. In Kansas, corporations are generally treated as separate legal entities from their individual employees. However, if an engineer’s actions are found to be negligent, the company can also be held responsible for compensating the injured party.
Insurance coverage: Many engineering firms carry professional liability insurance, which covers damages resulting from errors or omissions in their designs. This type of insurance can help mitigate financial risk in cases of design failures. However, businesses must carefully evaluate the terms of their policies to confirm they’re adequately covered in the event of a liability claim.
Contractual obligations: Engineers and their companies typically enter into contracts with clients, contractors, and subcontractors that outline responsibilities, payment terms, and liability provisions. These contracts play a significant role in business law and may include clauses that limit the engineer’s liability or establish specific remedies in the event of a design failure.
The intersection of business law and engineering design liability is particularly important for engineers who operate within a corporate mindset.
Defending Against Engineering Design Liability Claims
While engineering design liability can have serious consequences, there are various defenses available to engineers facing legal action. In Kansas, these defenses can include:
Compliance with industry standards: If an engineer can prove that their design met all applicable codes and safety standards, they may be able to avoid liability. This defense relies on demonstrating that the engineer acted in good faith and followed established guidelines.
Comparative negligence: Engineers may also defend against liability by showing that other parties, such as contractors or manufacturers, were responsible for the failure. In Kansas, comparative negligence can reduce or eliminate liability if another party’s actions were the primary cause of the damage.
Force majeure: In some cases, engineers may be able to argue that unforeseen circumstances, such as extreme weather events or unexpected natural disasters, caused the failure. Force majeure clauses in contracts can sometimes protect engineers from liability in these situations.
Our business law attorneys can provide defense strategies for your case.
The First Steps
At Myers Longhofer, we believe that understanding the essential elements of engineering design liability is crucial for protecting both personal and business interests in the engineering profession. We’re proud to serve Overland Park, Kansas, Kansas City, Missouri, and the surrounding areas of Johnson County, Olathe, Leawood, and Shawnee. Call to speak with an experienced business law attorney today.
