Engineering Malpractice: Avoiding Liability Through Education

Not many engineers consider malpractice when they receive their engineering degrees or, for that matter, give it much thought during their employment. Most degreed engineers are not licensed and, even if licensed, are largely insulated from liability simply because plaintiffs typically choose to sue the employer rather than the employee engineer. Unfortunately, as the engineering profession migrates to smaller companies, solo consultants, and idependent contractor relationships the specter of legal liability looms larger Engineering malpractice, therefore, will increasingly become a concern of those now entering the practice of engineering, as well as of those who find themselves employed in smaller companies or as an independent contractor in larger ones. In this paper, we will discuss the elements of engineering malpractice causes of action against engineers and present real cases of engineering malpractice. Also, we will discuss how our program in Legal Studies in Engineering at OSU raises the awareness of our students to their legal responsibilities to their employers and to society. We will present short course modules that can be used in all levels of engineering courses to illustrate how engineering work and our legal system interact.