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Originally Posted by Glimmie /forum/post/16920744
Also Dennis, I think you and your competitors possibly have to be careful with unsound advice on these forums as you are a licensed professional practicing the trade. Most of us are just hobbiests in this specific trade, that is HT installation, and do not practice it as a business here so our advice is not considered expert in nature. For example I am not a licensed electrician and never posted that I was. But I often give out electrical advice, sometimes in conflict with codes. But in the eyes of the law my advice is not "expert". Again I am not a lawyer, JMO.
Originally Posted by CJO /forum/post/16921132
Wow, I'm speechless. Just because you're not an expert doesn't mean that you can't be held liable for giving out advice that is knowingly against code. The various codes are written to protect the homeowner and, in some cases, the general public. I, personally, prefer not to take risks when it could possibly be to the detriment of my family's health.
PS- I guess "speechless" was not quite the correct word to use.
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# Engineers shall perform services only in the areas of their competence.
1. Engineers shall undertake assignments only when qualified by education or experience in the specific technical fields involved.
2. Engineers shall not affix their signatures to any plans or documents dealing with subject matter in which they lack competence, nor to any plan or document not prepared under their direction and control.
3. Engineers may accept assignments and assume responsibility for coordination of an entire project and sign and seal the engineering documents for the entire project, provided that each technical segment is signed and sealed only by the qualified engineers who prepared the segment.
Originally Posted by mtbdudex /forum/post/16921681
Now I am a registered PE, and we do have a code of ethics for services performed (ie paid for)
Originally Posted by Dennis Erskine /forum/post/16921970
Expert or not, stupid or smart, East coast, West coast ... makes no difference. If you knowingly advise, assist, aid, etc. in taking such actions as to avoid compliance with an ordinance or statute, you may be held liable for the consequences of those actions, up to and including, conspiracy, manslaughter (death as an unintended consequence), etc., etc. For example, the sole purpose (VA, DC, etc) of a Radar Detector is to avoid compliance with the law. If you install one, you are responsible. If the manufacturer (or other individual) knowing helps you install one to avoid detection, the whole lot of you are toast.
There is a difference, however, between telling someone what you would do, what others have done, etc and telling someone "do this", or "here's how" you avoid the law.
In the end, you cannot be knowingly telling someone to violate the law and expect to get off scott free if something adverse happens. While you (and others may disagree), those who produce the codes you suggest people ignore, view those codes as life safety matters.
With respect to insurance companies not paying a claim, the mortgage company may get involved to the extent they need to protect their interest. None-the-less, while the mortgage holder may have some form of coverage for such losses (including Obama Bucks), they still have recourse to you ... NOT to your insurance company. Good example...all of those homeowners who were NOT required to have flood insurance. The insurance companies did not pay, did not have to pay, and the mortage company and the homeowner need to sort it out.
There are four elements to a tort, all of which must be present before the court can order a remedy:
1. Duty. The defendant must owe a legal duty to the victim. A duty is a legally enforceable obligation to conform to a particular standard of conduct. Except in malpractice and strict liability cases, the duty is set by what a "reasonable man of ordinary prudence" would have done. There is a general duty to prevent foreseeable injury to a victim.
2. Breach of the duty. The defendant breached that duty.
3. Causation. The breach was the cause of an injury to the victim. The causation does not need to be direct: defendant's act (or failure to act) could begin a continuous sequence of events that ended in plaintiff's injury, a so-called "proximate cause".
4. Injury. There must be an injury. In most cases, there must be a physical or financial injury to the victim, but sometimes emotional distress, embarrassment, or dignitary harms are adequate for recovery.