engineering assignment

The Role of the Design Professional In Society 53

100% at fault for the property damage to plaintiff’s vehicle since

the seatbelt is irrelevant to the property damage).

Professional Negligence

Professional negligence is established in the same way as

ordinary negligence, but under the measure of the professional

standard of care.

The Professional Standard of Care

A professional is held to a higher standard of care for

activities directly connected to the professional’s specialized

expertise. The higher standard applies only to what the

professional does as a professional in the capacity as a

professional. The higher standard of care does not apply to

ordinary activities of the professional. For example, the

professional is held to the ordinary standard of care for operating

a vehicle even if it is being used “on the job.”

Ask: What would a professional of ordinary means and

ability within the same or similar area of professional expertise

do under the same or similar circumstances in the same or

similar geographic area?

The conduct of a surgeon in a rural area with a properly

equipped hospital cannot be directly compared with the conduct

of a surgeon at UCLA practicing surgery with state of the art

equipment and facilities. This would not be fair. Like must be

compared to like.

However, if a professional claims to be more than he or she

is, that professional can be held to the standard of the higher

01/24/2019 - RS0000000000000000000001429657 - ROLE OF DESIGN PROFESSIONAL IN SOCIETY

54 Tort Law

level of expertise that was claimed. If a professional licensed in

one state acts in another state (or, more likely, under the

licensed authority of a professional in another state), that out-of-

state professional can be held to a higher standard of care than

if the same work was done in the home state. A professional

licensed in another state or foreign jurisdiction doing

subcontracted work for a licensed professional is held to the

professional standard of care in which the licensed professional

is located and the final work product is delivered.

The professional standard of care is determined primarily by

expert opinion – that is, by other professionals in the same or

similar filed stating based on their expertise and experience what

the professional standard of care must be for particular

circumstances. Experts may disagree, in which case the trier of

fact, judge or jury, must assess qualifications, demeanor, and

other factors bearing on the credibility of the expert to

determine which expert to believe.

Expert testimony is necessary where the judge or jury

would not have the knowledge to determine an outcome without

expert help. Few people know anything about particle physics,

so expert testimony about particle physics would be allowed.

The courts have standards to prevent “junk-science” testimony

from being offered.

The professional standard of care may also be established

by a specific statute or regulation addressing a matter of

professional performance.

01/24/2019 - RS0000000000000000000001429657 - ROLE OF DESIGN PROFESSIONAL IN SOCIETY