Professional Liability Exposure of Casual Consultants

Abstract

Recent trends indicate that suits against professionals, including engineers, are on the increase. Laws are more sympathetic to those injured by the actions of various professionals. Until the mid‐1950s, the engineer was relatively immune to that type of lawsuit. Since then, however, courts have attempted to impose, liability on engineers because of their responsibilities in the design and construction processes. Engineers must be aware of that liability. However, it may not be so clear that an engineer who occasionally “moonlights” may be exposed to significant liability. The purpose of this paper is to analyze the potential liability of the moonlighter or the engineer who gives casual or gratuitous advice and to suggest ways in which that liability might be avoided. The various theories of liability are examined and analyzed to determine if they are applicable to the moonlighter or the casual consultant. Finally, the alternatives that might reduce a potential liability are presented.