Public policy shields engineer and contractor from tort liability for pipeline failure

被引:0
|
作者
Caplicki, Edmund V., III [1 ]
机构
[1] Nossaman Guthner Knox & Elliott LLP, Austin, TX 78701 USA
关键词
5;
D O I
10.1061/(ASCE)1052-3928(2007)133:4(350)
中图分类号
G40 [教育学];
学科分类号
040101 ; 120403 ;
摘要
The Wisconsin Supreme Court has held that the claim by housing property owners against the civil engineers and the contractors regarding the failure of pipeline project intended to prevent damage resulting from rising water levels in lake, was precluded based on public policy. The Supreme Court established that a court may preclude liability based on public policy factors such as the negligence of pipeline failure, allowance of recovery, and fraudulent claims. A review of a case based on public policy factors is done by the Court, assuming that the defendants are liable for negligent conduct, to assess if the claim must go forward in the absence of a public policy factor. The Supreme Court concluded that the negligence of civil engineers and the contractors inability to prevent the flooding was the cause of pipeline failures.
引用
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页码:350 / 351
页数:2
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