Lawful Engineering Legal Responsibilities of Engineers in the State of Texas Seamus Stegenga.

Lawful Engineering

Legal Responsibilities of Engineers in the State of Texas

Seamus Stegenga

Overview

Introduction Criminal Law Tort Law Conclusion References Questions

Seamus Stegenga

Introduction

Two sources of law relevant to engineering: Criminal LawTort Law

Both vary from state to stateTort law is similar in every state

except Louisiana This will only cover concept

related to engineering List concepts, then discuss

relevance

Criminal Law: Negligence

Criminal Negligence Texas Penal Code § 6.03(d)

Engage in “conduct when he ought to be aware of a substantial and unjustifiable risk”Class C Misdemeanor (first offense)State jail felony (following offenses)

Criminal Law: TDTPA

Texas Deceptive Trade Practices Act Texas Business and Commerce Code §

17.46

Engage in “false, misleading, or deceptive acts or practices”Class C MisdemeanorUp to $20,000 fine per offenseCauses civil suits to be awarded

treble damages

Criminal Law: TEPA

Texas Engineering Practices Act Texas Occupations Code § 1001

“engage in the practice of engineering [without] a license”Class A MisdemeanorRestraining order for 30 daysUp to $3,000 fine per day

Numerous exceptions exist which limit the applicability of this law

Criminal Law: Summary

Criminal law has a focus on honesty

Penalties can include fines, injunctions, and jail time

Applicable only in extreme circumstances

Even TEPA is not typically applied to engineersOnly around 20% of degreed

engineers go on to get their license

Tort Law: Contracts

Most contractual obligations are governed by the UCC

Contracts can be used to waive rights, so contracts take precedence over other areas of tort lawContracts that require a party to

break criminal law are void

Tort Law: Negligence

Three conditions are requiredA duty existsThe duty is breachedThe breach causes damage

Engineers have several dutiesAct in good faithEnsure customer is reasonably

informedUse good professional

judgement

Tort Law: Premises liability

Special type of negligence A person can be sued for failing

to protect persons from dangers on their property

Property caretaker is liable for dangers that that they knew or should have known about

Engineers are expected to have greater-than-average knowledge of structural, mechanical, and chemical dangers

Tort Law: Warranties Warranty of merchantability

Goods conform to an ordinary buyer’s expectations

Warranty of fitness for a particular purposeGoods are fit for the purpose for

which they are sold, only applies if seller helped the buyer select the goods

Texas Civil Practice and Remedies Code states that products must be made as safely as feasibly possible

Tort Law: Summary

Tort law focuses on competence Penalties can include fines and

injunctions Applicable whenever a

product/property causes damages Even if lawsuit fails, you may be

left with expensive lawyer billsBest to error on side of caution

Conclusion

Engineers mustAct in good faith Inform customer of risksBe licensed if offering services to

publicHonor contractual obligations

Their products mustBe as safe as feasibly possibleAccomplish their intended purpose

References Cornell University Law School: Legal Information

Institute. Duty of Care. n.d. Web. 19 March 2015.

Holub, Cynthia. Theories of Liability Against Design Professionals. 20 February 2012. 19 March 2015.

Laird, Steven. "A Quick Cruise Through Personal Injury Causes of Action in Texas." 20 February 2003. Law Offices of Steven C. Laird. Web. 19 March 2015.

Musselman, Craig. The 80% Myth in the Engineering Profession. 13 September 2010. Web. 19 March 2015.

Texas BCC, Texas Legislative Council. "Business and Commerce Code." 1 September 1967. Texas Constitution and Statutes. Web. 19 March 2015.

Texas CPRC, Texas Legislative Council. "Texas Civil Practice and Remedies Code." 1 September 1993. Texas Constitution and Statutes. Web. 20 March 2015.

Texas TEPA, Texas Legislative Council. "The Texas Engineering Practice Act." 28 June 2014. Texas Constitution and Statutes. Web. 19 March 2015.

ALSO

This presentation is available at

people.tamu.edu/~seamus

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Lawful Engineering Legal Responsibilities of Engineers in the State of Texas Seamus Stegenga.

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