Lawful Engineering Legal Responsibilities of Engineers in the State of Texas Seamus Stegenga
Dec 28, 2015
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.