Standard of Care for the Practicing Structural Engineer

Abstract

All engineers have a personal standard to which they practice; however, the legal standard of care is the standard to which engineers will be held if sued for professional negligence (also referred to as malpractice) in court. Defining the legal standard of care is relatively straightforward, but attaching a practical meaning to that legal definition can be difficult—especially for engineers with no legal education. This article provides a brief overview of the civil court legal system, with the intent of providing practicing engineers the underlying knowledge needed to understand the legal standard of care. Individual elements of the standard of care definition are then examined with the intent of clarifying the legal terms and definitions. Finally, several specific considerations (e.g., legally enacted codes, published practice guidelines, software, and technology) and each consideration’s effect on the standard of care is analyzed to provide recommendations for practicing engineers about how to best meet the standard of care.