AE Blog - Risk Management Topic – Negligence Avoidance

Negligence avoidance begins with the knowledge of what activities have frequently resulted in negligence in the past. These activities can be divided into two broad categories of how negligence is normally evaluated; objective and subjective. Objectively viewed negligence involves situations in which the design professional either did or did not do what was clearly expected of someone operating within the “Standard of Care”. Subjectively viewed negligence requires judgment and opinion on the part of the viewer.

Here are some examples of negligent design activities:

Objective

• Design not in accordance with the latest published Client’s Standards, Manuals, Guides, and Forms
• Industry Standard of Practice not met (not just Client’s standards)
• Design not in compliance with Consultant’s published Quality Control Procedures

Subjective

• Technical competence of consultant (Junior designer, when senior designer  required, generalist when specialist required….)
• Site conditions not appropriately considered in design
• Lack of appropriate care and professional judgment

The above list is clearly not exhaustive. Identify other situations in your practice that have or will likely result in negligence and share them with your staff.

This information has been provided to Hall & Company by John Lowe, President of Lowe Consulting, LLC.