Professional Negligence Flashcards
Occurs when the architect or engineer
does not use the unique knowledge and special skill they possess in making decisions and judgments, and some other party suffers harm or some loss as a result.While an architect or engineer may not be considered negligent if a wrong decision is made in good faith, failing to take an appropriate action can be held to be negligent under the standard of care
NEGLIGENCE
NEGLIGENCE
Occurs when the architect or engineer
does not use the unique knowledge and special skill they possess in making decisions and judgments, and some other party suffers harm or some loss as a result.While an architect or engineer may not be considered negligent if a wrong decision is made in good faith, failing to take an appropriate action can be held to be negligent under the standard of care
-The architect or engineer did not conform to the standard of care
-There is a causal connection between the architect and engineer and the damage suffered by the other party
-A legally protected interest of the other party has been injured
For an action or lack of action to be negligent the following elements are required:
For an action or lack of action to be negligent the following elements are required:
Architect and engineers have a duty to clients and society at large to practice according to the general principle of the standard of care. Te standard of care is defned as taking the same course of action as another reasonable and prudent architect or engineer (as applicable) in the same area would have taken under the same circumstances.
To what standard can professionals be held?
To what standard can professionals be held?
Architect and engineers have a duty to clients and society at large to practice according to the general principle of the standard of care. Te standard of care is defned as taking the same course of action as another reasonable and prudent architect or engineer (as applicable) in the same area would have taken under the same circumstances.
Architects and engineers are required by law to possess advanced, specialized education and to be licensed by the state in which they practice.
PROFESSIONAL STANDARD OF CARE
