Tort Law and Negligence Flashcards

Under the economic loss rule, a design professional is generally not liable in tort for purely economic losses suffered by a third party unless which condition is met?

Answer: There is an accompanying physical injury or property damage

The economic loss rule bars tort recovery for purely financial losses without accompanying personal injury or property damage, redirecting such claims to contract law.

A client instructs an architect to omit fire-suppression systems to reduce costs, and the architect complies without documentation. A fire subsequently injures occupants. Which defense is LEAST likely to succeed for the architect?

Answer: The client assumed the risk by directing the omission

Assumption of risk is a defense available to plaintiffs who voluntarily encounter known dangers, not a shield for a professional who omits legally required safety features.

Which standard is used to evaluate whether a licensed design professional's conduct met the required duty of care in a negligence claim?

Answer: Reasonable professional in the same or similar community standard

Licensed professionals are held to the standard of care of a reasonably competent professional in the same discipline under similar circumstances, not that of a layperson.

An MEP engineer fails to coordinate with the structural engineer, resulting in ductwork clashing with a beam and causing costly rework. This scenario most directly illustrates which type of professional liability?

Answer: Negligent omission through failure to coordinate

Failure to coordinate between disciplines is a recognized form of professional negligence (negligent omission) because coordination is part of the standard of care for design professionals.

In tort law, 'superseding cause' is relevant when:

Answer: An unforeseeable intervening act breaks the chain of causation between the defendant's negligence and the harm

A superseding cause is an intervening act so unforeseeable and independent that it breaks the chain of proximate causation, relieving the original tortfeasor of liability.

Which of the following best describes 'vicarious liability' as it applies to a design firm?

Answer: The firm is liable for tortious acts of its employees committed within the scope of employment

Under respondeat superior, an employer (design firm) is vicariously liable for negligent acts of employees performed within the scope of their employment duties.

A plaintiff sues an engineer for negligent misrepresentation after relying on a soils report that understated contamination. What must the plaintiff prove that differs from ordinary negligence?

Answer: That the plaintiff justifiably relied on the false information to their detriment

Negligent misrepresentation requires proof of justifiable reliance on the false statement, in addition to the standard negligence elements, distinguishing it from claims based solely on physical harm.