In preparing their designs, professional engineers owe a duty to take reasonable care not to create a hazard that will cause physical harm to members of the public. The decision of the British Columbia Supreme Court in Lovely v. Kamloops (City) examines the scope of this duty in the context of the design of a waste transfer station where the design engineers had no prior professional experience with such facilities.

The court confirmed that the standard of care for professionals generally is one of “reasonableness and ordinary competence, commensurate with the position of the person or entity in question and prevailing internal professional standards,” and that in applying this standard of care, the courts may take into consideration industry practice and any applicable regulatory standards.

This article also includes discussions of:

• The Facts
• No Written Contract
• Failure to Meet Standard of Care
• Lessons Learned

Republished with permission from Innovation Magazine.