Subject: Re: UBC/LA City Code and Lateral Design Forces
Date: Tue, 22 Feb 2000 01:40:34 EST
Assume an EOR did not comply with the UBC but provided an equally safe
The question to be addressed is this: Did the EOR design CAUSE any
damages? If NO, there is NO liability, and the EOR should be dismissed.
Just because your design does not meet the code does not mean you are
automatically liable for damages, to the contrary; the plaintiff must prove a
direct connection between your design and the damages.
Damages could occur for many reasons excluding a design defect; such as
defective materials, products, workmanship, etc...Engineers should not
automatically assume they are liable for damages just because they are named
a defendant, even if there design was not per code.
If an EOR falls into this category, it is not too difficult to obtain a
dismissal without excessive litigation costs.