Legal Liability, Good Engineering Judgment and Adaptation

摘要

Hurricane Harvey’s devastation resulted in flooding and fire, as well as criminal indictments against Arkema’s plant manager and CEO, and related claims against Arkema, Inc. This current litigation is just part of a recent trend in civil litigation, from citizen suits to common law actions, that is redefining causes of action and defenses in the context of climate change. This trend is creating greater concern among engineering and management professionals regarding litigation risk and potential liability arising from individual or managerial actions undertaken on behalf of an employer or client. These concerns are exacerbated by greater ability to forecast anticipated impacts from storm events in hurricane prone areas, which lends support to allegations that such events are foreseeable, and that engineers have a duty to prevent harm resulting from such events. In this context, chemical engineers should read the Chemical Safety Board’s Arkema Final Report, especially focusing on the CSB’s recommendations for further action by AIChE’s Center for Chemical Process Safety, and brush up on the basics of professional liability. This paper, developed specifically for AIChE members by an AIChE Fellow, senior environmental attorney and Fellow of the American College of Environmental Lawyers, provides a brief overview of legal process and concepts regarding professional liability, including classes of defendants such as plant managers, employees, licensed and unlicensed professionals, and independent contractors, types of civil and criminal claims, standing and other threshold issues, general defenses and immunities, and evidentiary issues at trial.