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 Law  Tort Law  Both vary from state to state  Tort 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 §  Engage in “false, misleading, or deceptive acts or practices”  Class C Misdemeanor  Up to $20,000 fine per offense  Causes 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 Misdemeanor  Restraining order for 30 days  Up 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 engineers  Only 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 law  Contracts that require a party to break criminal law are void

Tort Law: Negligence  Three conditions are required  A duty exists  The duty is breached  The breach causes damage  Engineers have several duties  Act in good faith  Ensure customer is reasonably informed  Use 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 purpose  Goods 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 bills  Best to error on side of caution

Conclusion  Engineers must  Act in good faith  Inform customer of risks  Be licensed if offering services to public  Honor contractual obligations  Their products must  Be as safe as feasibly possible  Accomplish their intended purpose

References  Cornell University Law School: Legal Information Institute. Duty of Care. n.d. Web. 19 March  Holub, Cynthia. Theories of Liability Against Design Professionals. 20 February March  Laird, Steven. "A Quick Cruise Through Personal Injury Causes of Action in Texas." 20 February Law Offices of Steven C. Laird. Web. 19 March  Musselman, Craig. The 80% Myth in the Engineering Profession. 13 September Web. 19 March  Texas BCC, Texas Legislative Council. "Business and Commerce Code." 1 September Texas Constitution and Statutes. Web. 19 March  Texas CPRC, Texas Legislative Council. "Texas Civil Practice and Remedies Code." 1 September Texas Constitution and Statutes. Web. 20 March  Texas TEPA, Texas Legislative Council. "The Texas Engineering Practice Act." 28 June Texas Constitution and Statutes. Web. 19 March 2015.

ALSO This presentation is available at people.tamu.edu/~seamus

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