In: Civil Engineering
introduction about engineering negligence not less than one page
"A civil engineer cannot burry his mistakes in a grave like a doctor, neither can he hide it with grrenery like an architect, nor can he justify it philosophically like a philospher"
Engineering negligence is a failure to exercise the care and skill that is ordinarily exercised by other members of engineering proffession in performing professional engineering services under similar circumstances.
the concept of negligence is broad and vague in common usage, but its legal definition is fairly straightforward: negligent behaviour is that which a reasonably prudent person in the same or similar circumstances would not have undertaken. By definition, no one intends to be negligent because everyone strives to be reasonably prudent. so then, why does negligence occur, and why does it occur as often as it does. clearly , we should expect humans to make mistakes, and, by extension, we should expect engineers to make mistakes in their professional lives.
engineering malpractice is directly related to the more generic legal liability that results from negligent conduct. so an understanding of negligence is a key to understand malpractice. the elements that a plaintiff must prove in a negligence lawsuit are
the defendant owed the plaintiff a duty of reasonable care
the defendant breached that duty ( in other words, the defendant engaged in negligent behaviour)
the plaintiff sustained injuries
those injuries were the direct, natural and proximate cause of the defendants negligent act or omission
in todays engineering world, negligence has become the common tort standard for judging whether damages are due to injured party, as a kind of middle ground. we can assume it as a judical system, rather than an administrative or legistative system, "designed" to optimize the cost spent on preventing damaging events
the conclusion follows that:
" a common mistake that people make while designing something foolproof is to underestimate the ingenuity of complete fools"