Engineering Malpractice in Winston-Salem
Engineering malpractice centers on proof of negligence. Negligence is generally defined as behavior that a prudent person in the same or similar circumstances would not have performed. Engineers are judged by the same standards of negligence as are other professionals such as doctors or lawyers. The standard required for the determination of negligence is whether a reasonable person with the same background as the engineer would make the same decision in the same circumstances.
The same criteria for determining a breach of duty for a successful Winston-Salem engineering malpractice claim apply just as in other forms of malpractice:
- The defendant owed the plaintiff a duty
- The defendant failed in their duty to conform to accepted standards of care
- The failure of duty resulted in an injury and the failure was the proximate cause of that injury
- There must be suffering or loss— monetary or physical
- The judge usually determines the standard of care
In engineering malpractice, economic damages are usually accounted for by contract.
Proving proximate cause of injury is the most difficult element of negligence. It must satisfy two criteria:
- The negligent party’s act is a substantial factor in the cause of the injury
- The test of foreseeable harm—that is, if the defendant foresaw or should have foreseen the harm done by his/her act, the act is a proof of negligence
DOT vs. Dupree 256Ga Ap 668 (2002) is an example of an engineering malpractice case. In this case, while attempting to cross a busy highway at an intersection, a pedestrian was killed by a motorist. The design of the intersection failed to meet certain design standards involving the line of sight at the intersection. The accident occurred early on an overcast November evening.
The plaintiff demonstrated through evidence that the DOT committed design and engineering malpractice by not installing traffic control devices at the intersection and by having too wide an intersection for pedestrians crossing within sight distance, and in allowing uninterrupted vehicle approach speeds of 45 MPH. Numerous accidents had occurred after a widening project.
Other notable engineering malpractice cases
- Boston Tunnel Collapse - One of the most expensive construction projects undertaken by an American city was the Central Artery and I-90 Tunnel (Ted Williams Tunnel) project in Boston. The project was 20 years in the making. The original cost estimate was $2.6 billion, but the project eventually wound up costing in excess of $14 billion. In July 2006, a concrete panel weighing three tons and measuring 20 feet by 40 feet fell on a car, killing the passenger and injuring the driver. The Bechtel/Parsons Brinkerhoff consortium that oversaw the project agreed to pay $407 million to the state. Under the agreement, the consortium did not face criminal charges. Powers Fasteners Inc., the company that supplied the epoxy blamed for the ceiling collapse, was the only company criminally charged. They were charged with involuntary manslaughter
- Minnesota I-35 Bridge Collapse – In August 2007, an Interstate 35W bridge collapsed and fell 60 feet into the Mississippi River, killing 13 and injuring 145. The initial wave of lawsuits by families of the victims was directed against the state. A state law in Minnesota limits the government’s liability to $1 million. Lawmakers, however, set up a $39 million compensation fund for those who agreed not to sue the state. The plan called for an initial fund of $24 million, which capped payments at $400,000. A second fund was set up for those who were extraordinarily impacted by the event in the amount of $24 million.
Contact B. Ervin Brown, II, P.A.
Winston-Salem engineering malpractice lawsuits are inherently complex. Building a strong case requires time to conduct a thorough investigation, doing in-depth research to determine what went wrong. B. Ervin Brown, a Winston-Salem engineering liability lawyer, is known for tackling difficult cases of engineering liability in Winston-Salem and winning. Mr. Brown represents both companies and individuals in trials and appeals in both state and federal courts.
Contact a Winston-Salem engineer liability attorney at the Law Offices of B. Ervin Brown by calling us today at (336) 723-7966 or toll free at (888) 899-4205. You can also contact us online via our contact form.
