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The “Standard of Care” and Negligence of the Forensic Engineer

The “Standard of Care” and Negligence of the Forensic Engineer
Author(s):
Presented at IABSE Symposium: Engineering for Progress, Nature and People, Madrid, Spain, 3-5 September 2014, published in , pp. 1011-1017
DOI: 10.2749/222137814814067220
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In the US, engineers serving as expert witnesses may be asked by any side in a dispute to provide opinion testimony concerning the performance of an engineer defendant. The expert witness may be a...
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Bibliographic Details

Author(s):
Medium: conference paper
Language(s): English
Conference: IABSE Symposium: Engineering for Progress, Nature and People, Madrid, Spain, 3-5 September 2014
Published in:
Page(s): 1011-1017 Total no. of pages (in PDF): 7
Page(s): 1011-1017
Total no. of pages (in PDF): 7
Year: 2014
DOI: 10.2749/222137814814067220
Abstract:

In the US, engineers serving as expert witnesses may be asked by any side in a dispute to provide opinion testimony concerning the performance of an engineer defendant. The expert witness may be asked what the “standard of care” of the profession was, and whether the defendant met or failed to meet that level of performance. The expert witness may also be the subject of such an inquiry, if the expert’s services are themselves questioned. This paper presents the concept of the standard of care, and describes how the services of a forensic engineer are measured relative to the standard of care. It also discusses the concept of immunity from negligence afforded to expert witnesses, and the current trend of erosion of that immunity.

Keywords:
Professional negligence standard of care expert witness