Commentary on “Engineers Who Kill - Professional Ethics and the Paramountcy of Public Safety”

Abstract

Professor Kipnis' basic proposition is that we rely the work that engineers have done, entrusting our lives to the products of their special skills. Hence, the engineers must be alerted to such responsibilities as may be created by the public's reliance. Put simply: To rely on another is to impose responsibility on another. The law speaks in terms of A changing position or acting in some way in reliance upon representation by B. If A is induced to act to his or her detriment, in whole or part by such representation, B may be liable for any resulting injury to person or property. To continue the analogy, the questions that arise are many. What rights and duties, if any, run between A and B? Has some event intervened to change this relationship? Is B's obligation or duty modified as a result? It is crucial to identify the between A and B. What is the link between professional (special) skills and identifying the engineer with a product, or its user? We have little trouble making the connection between patient, appendix and physician; or, client, trust agreement, and lawyer. The reason is apparent, I think. There are few, if any, intervening events or causes that may modify the intended result. The concept of strict liability as it has evolved in the area of product use?cars, packaged goods and the like?by the public-at-large, can be said to reflect the fact that the consumer-user really does not know who is responsible, for defects, dangers, or who he or she is dealing with. The recent disaster in a Kansas City hotel, any plane crash, malfunctioning word processing equipment, or lemon of a lawnmover span the range of public outrage and displeasure with engineers, manufacturers and the vendor/service link in the chain. Where is the fault?in the design, the manufacture, service, or operation by the user? The IEEE Code of Ethics requires that its members advise their clients or employers of the likely consequences of matters of which they have knowledge. The thrust is anticipatory in nature, not suggesting that their responsibility is to ascribe blame before or after the event prompting public outcries. Engineers, in my judgment, lack a specific identity that links them to the public and its perception of the magic of electronics, the miracles of construction, speed of