Strict Liability in Civil Engineering Practice

Abstract

Strict liability was initially developed for persons who engage in dangerous activities. Strict liability means that the individual will be held liable for losses without regard to whether or not they were negligent. In some states, the concept of strict liability has been applied to developers who make mass‐produced houses and condominiums. The developer is held to a different legal standard than the subcontractors, which means that during a lawsuit, the defendants cannot provide a unified team of defense based on the plaintiff's need to prove negligence. This division often results in the subcontractors individually hiring experts to defend them, as well as being directly challenged by the developer during trial or mediation. In general, it is easier for a plaintiff's attorney to win a lawsuit for a mass‐produced housing project that has damage when the developer is held strictly liable for that damage. It seems that lawsuits are more common for projects covered by strict liability, and thus design civil engineers should evaluate this increased risk of a lawsuit prior to accepting the work.