A structural engineer was hired by our owner’s corporation to assess the structural integrity of an underground car park due to emerging fracture marks in ceiling. In his report the engineer stated there was no cause for concern. He said the fracture marks were a result of normal aging of the building. He concluded no further actions were needed and that the car park was safe for use. Two weeks later part of the car park ceiling collapsed damaging common property, 20 cars and personal property of the residents. It was only good luck that no-one was killed or injured. Can the owner’s corporation sue the engineer for professional negligence?
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Answer by Neha Sharma, Hillsdale 2036 NSW
- It is likely that your engineer owes you a duty of care and it is possible that he has failed to exercise that duty of care to a sufficient standard. If this is proven then it may follow that his failure to observe that duty of care resulted in the relevant damage and loss.
- In New South Wales the standard of care required of an engineer is based on the standard that was applicable at the time the service was delivered. It is determined by the court in accordance with the accepted professional practice at the time of the negligent conduct.
- You will need to provide evidence to highlight that the car park ceiling was experiencing the structural defect that led to the collapse at the time it was inspected by the engineer. You will also need to prove that because of the engineer’s negligence in undertaking the inspection he failed to discover or correctly identify the defect that led to the collapse. The negligent act must have caused or contributed to the damage.
- It is possible that the collapse was due to something unforeseeable by the engineer at the time of inspection despite his best efforts. It will be up to the court to decide that.
- You should seek out a lawyer with experience in negligence law who can review the engineer’s report and evaluate the strength of your claim.