To: Ben.Yousefi(--nospam--at)ci.sj.ca.us, seaint(--nospam--at)seaint.org
Subject: Re: Negligence per se ( another misconception)
Date: Tue, 22 Feb 2000 14:49:25 EST
Engineers get pulled into litigation against builders by way of a
cross-complaint; i.e. the builders get sued, then they turn round and bring
all sub-contractors and engineers into the litigation (liable or not,
actually at that time liability is not known yet). It is a common practice,
and attorneys do it to avoid a legal malpractice action against them by
owners,( it's a catch 22, you see it?)
Now, and back to the genesis of this discussion, is the EOR liable for not
following the black letter of the UBC ( assuming an equally safe design has
been provided as Dennis Wish was suggesting) ?
My answer is NO!
Unless his design PROXIMATELY caused the damage complained of, the EOR cannot
be held liable. Thus, because the design does not fall below the standard of
care( provided the design is a safe design equal to or superior to what UBC
provided) the EOR is not negligent, hence not liable.