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An Engineer in the Courtroom 1995 Edition, July 1, 1995
Description / Abstract:
INTRODUCTION
The intent of this book is to introduce the engineer to what he may expect to encounter in a matter of litigation. Being so introduced, the engineer may:
By exploring these subjects, the engineer will be less frightened by the prospect of litigation and more effective in assisting his company or his attorneyclient. He will understand the importance of his professional work and his obligations to society.
You will probably become familiar with the courtroom and with litigation through the same means as many others—you will be asked to defend a de-sign for which you held responsibility. You won't particularly like the idea of being told through an official-looking piece of paper that "You have been summoned to appear" before a court reporter and a group of attorneys for a deposition in a matter that involved serious injuries to a plaintiff. You will be told that you would be expected to produce certain written information, records, and other documents. You will also be told that the attorneys will ask questions of you and that you will answer those questions under oath and under penalty of perjury.
But you haven't done anything wrong! Why you? Simply because you were the engineer in charge of the product or design and because, under the rules of litigation, the plaintiff has the right to "discover" information and to question you about the product and its design.
In a nutshell, when you design a machine or a product, you have an obligation to society that the product be "reasonably safe" and "not defective or dangerous for its intended uses."
Now, that is not an unreal expectation. When a customer pays money for a product, he has a right to expect it to work properly, and the plaintiff in a matter of litigation is merely exercising his right to claim—if it is provable— that your product did not work as he expected, and that he had been injured in some way by that lack of proper performance. He may make that claim through proper procedures in an appropriate court.
You may be somewhat frightened in this situation, until you discover that one proper response to a claim may be to describe the product, the way it was designed, and the proper use and care for the product. Then, if you discover that the plaintiff's claims were based upon some incorrect assumptions on his part (or on the part of his attorney, possibly) you may point out those errors. By explaining the proper way the machine works, and by showing how the accident really happened, you may be able to refute the claims. A jury then, may find no fault in the design.
As a designer, you have a lot of publics to satisfy. You must design a product that will be successful for your employer. Your supervisor must be convinced that he can depend on you and your professional abilities. The product must meet the general plans and objectives of the business that pays your salary. You need to care for your family.
The intent of this book is to introduce the engineer to what he may expect to encounter in a matter of litigation. Being so introduced, the engineer may:
- be able to avoid litigation altogether,
- know what leads to litigation,
- understand what accidents are, and how they are caused,
- learn something about the litigation process,
- realize the importance of decisions made by an engineer,
- be aware of how the engineer can assist the attorney,
- know what to expect in discovery, in deposition, and at trial, and
- know how to best conduct himself in those situations.
By exploring these subjects, the engineer will be less frightened by the prospect of litigation and more effective in assisting his company or his attorneyclient. He will understand the importance of his professional work and his obligations to society.
You will probably become familiar with the courtroom and with litigation through the same means as many others—you will be asked to defend a de-sign for which you held responsibility. You won't particularly like the idea of being told through an official-looking piece of paper that "You have been summoned to appear" before a court reporter and a group of attorneys for a deposition in a matter that involved serious injuries to a plaintiff. You will be told that you would be expected to produce certain written information, records, and other documents. You will also be told that the attorneys will ask questions of you and that you will answer those questions under oath and under penalty of perjury.
But you haven't done anything wrong! Why you? Simply because you were the engineer in charge of the product or design and because, under the rules of litigation, the plaintiff has the right to "discover" information and to question you about the product and its design.
In a nutshell, when you design a machine or a product, you have an obligation to society that the product be "reasonably safe" and "not defective or dangerous for its intended uses."
Now, that is not an unreal expectation. When a customer pays money for a product, he has a right to expect it to work properly, and the plaintiff in a matter of litigation is merely exercising his right to claim—if it is provable— that your product did not work as he expected, and that he had been injured in some way by that lack of proper performance. He may make that claim through proper procedures in an appropriate court.
You may be somewhat frightened in this situation, until you discover that one proper response to a claim may be to describe the product, the way it was designed, and the proper use and care for the product. Then, if you discover that the plaintiff's claims were based upon some incorrect assumptions on his part (or on the part of his attorney, possibly) you may point out those errors. By explaining the proper way the machine works, and by showing how the accident really happened, you may be able to refute the claims. A jury then, may find no fault in the design.
As a designer, you have a lot of publics to satisfy. You must design a product that will be successful for your employer. Your supervisor must be convinced that he can depend on you and your professional abilities. The product must meet the general plans and objectives of the business that pays your salary. You need to care for your family.
An Engineer in the Courtroom 1995 Edition, July 1, 1995