Personal and professional liability for providing engineering design/advice outside of work 1

[Enginerdad]

This topic came up as the result of a recent Reddit thread on r/StructuralEngineering. As engineers, we are heavily cautioned against giving advice/designs without being fully informed of the whole situation, and against giving advice for free on the internet or in person due to the perceived assumption of liability. We're told that it opens us up to personal financial liability, as most of us don't carry personal liability insurance when working for an employer, and also professional liability in that our professional licenses can be suspended or revoked.

So my question is this. Does anyone know of any cases where this has happened? Where a structural engineer has offered up faulty engineering advice that led to damages, and they were held personally liable for the damages? Has anyone lost their license because they gave out a repair suggestion to a stranger on the internet that failed? I know what the perceived dangers of doing such are, but I wanted to see if there's any precedent for it actually happening.

Thanks

 

[phamENG]

I don't know of any, but I would guess that it depends on the manner in which the information is shared. If I reasonably maintain my anonymity on a forum that is described as a means for engineering professionals to freely exchange ideas, then I really doubt that I could be held liable for anything. Assuming the other person could figure out who I am they'd probably be laughed out of a courtroom for believing some random person on the internet (or at least I hope so...).

On the other hand, if you go onto a forum claiming to be John Schmuckatelli, PE, License #XY4321, and you give somebody professional advice....you're probably opening yourself up.

 

[dhengr]

EngiNerDad:
I can’t give any free advice or thoughts on the internet because of the “perceived dangers of doing such.” But, I always go to Reddit for my structural and legal info. You’re welcome.

 

[dik]

Anyone can be sued. With technical stuff, engineers are more liable, because they are deemed experts. I'm aware of a company, where the company and dept manager were successfully sued for advice about pouring hot liquids into a sink drainage system. the fluid was extremely hot oil and the fittings were plastic. He failed to determine what the liquid was. I get edgy if I'm at a meeting, where I'm the only technical guy in the room... same thing if a lawyer is present. I've been know to reschedule meetings because of this.

Rather than think climate change and the corona virus as science, think of it as the wrath of God. Feel any better?

-Dik

 

[JoshPlumSE]

It depends on who I'm talking to.

If I'm talking to another engineer, I give advice like a mentor. Tell them about what I'd be concerned about, what I'm not concerned about and what additional information they probably need to complete their design. This comes from years working in tech support for an engineering software company.... Mostly talking about how to properly use the software for the type of model they're using. Limitations and such. But, sometimes extending out into other engineering issues as well.

If I'm talking to a friend with a question about his house. Then I'll look at the pictures or such and give a very general opinion. Is this type of cracking normal (oftentimes, it's just temp / shrinkage cracking in concrete, or even non-structural cracks in stucco). What could the cause be?

I walked through a friends house once and suggested that it seemed like a very specific part of the house had undergone some settlement (which was causing the drywall cracks he was concerned about). Then I asked if there is any reason why this part of the house could have experienced settlement in the last couple of years when the previous 50 years it had not..... It turned out that they had a major issue with their sewage system and they had to excavate right next to the area where the settlement occurred. Aha! Problem identified. 90% of their concern was immediately lifted. I suggested they might want to wait another year or two before they repaired the drywall because most of the settlement happens in the first 3 years.

Did that conversation open me up to liability? I don't know. I just looked at what he was concerned about and pointed out that seemed to point to problem in one area. He identified the problem in that area, not me.... Mostly, I felt like I held his hand through the process and let him figure it out and determine what he wanted to do.

 

[MotorCity]

I am always suspicious of anything I read on the internet, be it engineering related, news, weather, etc.
That coupled with the litigious society in which we live is enough to convince me not to put myself in the situation described above.

However, the reality is that there is a plethora of engineering advice being given over the internet by engineers and non engineers alike. Our governing officials do not have nearly the time or resources needed to track down every violation on the internet. Further more, if Mr. Joe Smith does take engineering advice received from the internet (even from someone claiming to be an engineer) and something does go awry, he would inevitably have to disclose where he got the information. It would sound something like...."Yes your honor, I was given this detail from an individual on the internet" to which the judge replies "Case dismissed, get the hell out of my courtroom".