Public Policy Shields Engineer and Contractor from Tort Liability for Pipeline Failure

Abstract

Many civil engineering projects involve efforts to abate natural hazards, such as flooding and landslides. These projects can affect hundreds or even thousands of people. The engineers and contractors on these projects are responsible to the entities that retained them to properly perform the work. But what happens when the abatement project fails and the natural hazard harms third parties? This was the case in Butler v. Advanced Drainage Systems, Inc. A pipeline project, which was intended to prevent damage resulting from rising water levels in a lake, failed, leading to neighboring properties being damaged. The property owners sued the engineering and contracting firms that did the work. At issue on review by the Wisconsin Supreme Court was whether public policy factors would preclude the property owners’ claim. The Wisconsin Supreme Court held that the claim was indeed precluded based on pubic policy.