Liability

[MetroRAFB]

Ok, with all the brilliant minds out here at EB.com, someone surely can shed some light on this subject for me.

I am a newly licenced PE in the state of FL. Chapter 471 of the FL statutes very plainly and clearly states that licenced engineers are PERSONALLY responsible for anything that they seal. I understand what it says, but not exactly what it means. If you are PERSONALLY responsible, does that mean that you gain no protection from lawsuits by incorporating? What if you work for someone else? How does Errors and Omisions insurance play into it?

I have talked with my boss and several other PE's in my specific industry about it, and I still don't have a comfort level with how it all works. I work for a component manufacturer designing roof and floor trusses, and I haven't sealed anything yet. We seal the truss designs themselves and we specify any truss to truss connections, but nothing associated with the building structure itself. In the unlikely event of catastrophic building collapse resulting in human injuries, the lawyers will come out of the woodwork and sue everyone associated with the project. That most likely means I'd be sued personally and the company I work for would be sued as well. What do I need to have to protect myself financially from this unlikely but still entirely possible event? I don't own the company and don't control whatever insurance policies we have, but I don't even think my company has E&O insurance at the moment.

Any insight you could give me into this subject would be greatly appreciated, thanks in advance.

 

[kevo_55]

MetroRAFB,

Here's the basic low-down on when things go bad. Let's say there was a building failure. In most states the engineer of record for the whole building must sign off on everything even before it is built. So therefore, his errors & emmisions insurance must have the biggest coverage. The lawsuit will first go after the EOR until his lawers can prove that he did his "duity" with sealing and designing of the building. Then, the EOR's lawyers may go after the subs. It will basically follow down the chain.

You might be personally liable but your errors and ommisions insurance should take care of most things. If someone actually dies as a result of a calculation error you might be tried for manslaughter. This doesn't happen very often at all though. Most likely, someone might get hurt and the insurance will pay him off. Depending on the error you might get a fine by your licensing board or maybe even your license may get revoked.

If you dot your I's and cross your T's on your calcs and use good engineering judgement you shouldn't really have to worry about this though. You may also have to seal a co-worker's job from time to time as well. I myself have turned jobs away. Just don't be afraid to say "I won't seal this" when things get fishy and you'll be fine.