if i designed a structure that collapse/fail 2

[delagina]

legally what am i liable for if i was not the one who stamped the drawings?

this is just hypothetical. but i sometimes worry about the structures i design. specially in my field where i usually connect to existing structures.

 

[FeX32]

no stampie no stompie


Fe

 

[moltenmetal]

If you work for whoever stamped the drawing on your behalf, you should expect to get stomped.

 

[Hoagie]

The engineer-of-record is the one whom will be called upon..

 

[IRstuff]

There is no doubt who gets the brunt of the liability and suit potential in such a case. However, ordinary citizens and their lawyers will and often do sue anyone who's name they can find on the documentation. At the very minimum, one might rationally expect to lose their job upon such a faux pas.

TTFN

FAQ731-376

 

[B16A2]

You would for sure be dragged into litigation (in one way or another) to help defend your firm.

If your firm goes down in a ball of flames, then it could get dicey because they could go after your, but very doubtful that anyone would spend on litigation to sue a non PE who probably doesn't have much in the way of assets (no offense).

 

[TenPenny]

Obviously, the person who stamped the drawing would be the primary target; however, if anyone else 'designed' the structure, they should expect to be held responsible for their work, and therefore become a target for responsibility as well.

Having someone else stamp the drawing does not give one the right to pass off any responsibility for one's work.

 

[rbulsara]

Yes. The one who stamps, could be in greater trouble, but that does not mean that you will get away scott free. If you are licensed, you are equally responsible, whether or not you stamp the drawing. Stamping is just a statutory requirement.

Even if you are not licensed, you are responsible for anything you do. If you are passing yourself as a "designer" or an engineer, be ready to be accounted for your 'designs'.



Rafiq Bulsara

http://www.srengineersct.com

 

[rscassar]

Delagina,

With thorough design and diligent site supervision and as the engineer responsible you take all adequate measures top ensure that all design assumptions are quantified then your structure won't fail.

If your structure does fail then you can be sure that there will to a lawyer trying to convict the jury that you are negligent.

 

[TenPenny]

If the structure fails, somebody was negilgent, so it's a matter of figuring out who.

 

[csd72]

You usually have to stuff up pretty bad to have a collapsed structure, normally structural faults become a serviceability issue long before any failure.

 

[privateer]

As was stated before, the P.E. who sealed the drawing, document, report, etc. is "resiponsible." However, the plaintiff party will sue everyone - P.E., E.I., drafters, the company as a whole, the liability insurance, the client of the property, managers, janitors, the damn goldfish in the aquarium - EVERYONE.

What they really go after is the money, and the suits start dropping until the plaintiff finds who has the (deepest) money-bags and hones in on that target.

I've known Engineers that "freelance" and have no pro. liability ins. As for me, I could NEVER operate that way - all that stuff scares that dog snot out of me....
Their rationale, if something goes wrong, don't be a target, if you have something to sue over, then you will get sued (of course they have "other" asset protection). Afterall, a lawsuit is like any other monetary endeavor - you want to minimize effort and maxmize return. If they know they can't get anything from you, they probably will spare the expense and focus effort elsewhere.

Of course there are other things besides a lawsuit that could hurt you, like losing your reputation and/or your license (P.E. OR E.I.). Depending on the state's rules/laws, even if you don't stamp your drawing, you could still be liable as the P.E. of Record, AND (in at least two one states where I was registered) it is actually a misdemeanor to produce and issue an unstamped drawing!! In one of these states, the board operates an Inspector General's Office that investigates stamping issues, and has legal authority to press charges on anyone breaking the board's laws. They accept anonymous tips too, which means if your drawings/docs are not properly stamped/sealed and your competion gets them, they can turn you in! Yes, the engineering business can get that cut-throat - It's a Geek eat Geek world out there.....

My approach, if I work for a company I make sure I understand the liability coverage. Some companies don't cover you if you're "contract." I don't "freelance" or "rubber-stamp", and I'm asked to do so all the time. I simply say NO and walk away.... I always do my best and strive to learn and continuously improve my skills, this in conjuction with a strong code of ethics is the best "suit prevention" insurance for the money. Use this approach in addition to good liability coverage and you should be fine.

 

[moltenmetal]

In our jurisdiction, your signature is the same as your seal in every way that matters.

Primary responsibility lies with the signatory who took professional responsibility for the work by approving or stamping it. But if you are the source of the error, and your supervisor/signatory engineer misses it, there WILL be consequences for you...

 

[IRstuff]

Here's an example where there was no warning of imminent failure, since the design was flawed from the start, and the engineering firm failed to perform its required due diligence on the finalized design. Note that the design changes were made by a subcontractor:

http://en.wikipedia.org/wiki/Hyatt_Regency_walkway_collapse

http://www.eng.uab.edu/cee/faculty/ndelatte/case_studies_project/Hyatt Regency/hyatt.htm

TTFN

FAQ731-376