Duty to Warn
Duty to Warn
(OP)
When you observe a condition of imminent structural collapse (keep it simple, say residential or simple commercial/industrial structures) even if the owner is not your client you obviously have to notify the owner. What methods do you take to do this? Verbal method is a good start but wont necessarily hold up in court if they ever come back at you, so it's a good idea to follow up via mail. However, how crazy do you need to get with this? Does it need to be sent with a signature of the addressee required upon delivery, or would a simple priority mail tracking number suffice? A lot of times, certified mail and restricted delivery items never gets picked up from the post office.





RE: Duty to Warn
Contacting the owner first would be a nice courtesy, but I do not trust owners in general to do their due diligence.
Another avenue to contact would be the insurance company for the structure, if you could find out what company that was.
Mike McCann
MMC Engineering
RE: Duty to Warn
If it's the former, I would think a vocal notice is good enough (along with a brief explanation of what the problem/consequence is). If it's the latter, well, I think everything in writing with signatures is the best course of action.
Dan - Owner
http://www.Hi-TecDesigns.com
RE: Duty to Warn
I was later told they held an emergency meeting of the owners, and an attorney, the night after receiving my letter. It was decided that they were not going to do anything other than post signs saying enter at your own risk. Luckily one of the owners did not agree and contacted the city himself, thus them calling me asking for a copy.
Somewhat of a long story, but if I saw something as bad as this building, even if I wasn't hired to do any kind of a review, I would feel compelled to contact the owners. If they don't act immediately, I would contact the city.
RE: Duty to Warn
RE: Duty to Warn
John R. Baker, P.E.
Product 'Evangelist'
Product Engineering Software
Siemens PLM Software Inc.
Industry Sector
Cypress, CA
Siemens PLM:
UG/NX Museum:
To an Engineer, the glass is twice as big as it needs to be.
RE: Duty to Warn
RE: Duty to Warn
Best to you,
Goober Dave
Haven't see the forum policies? Do so now: Forum Policies
RE: Duty to Warn
Funny this question should come up, though. Duty to inform is a topic that I have been talking to my labor attorney about a lot lately. Sorry I can't give any details right now and in the meantime I'll keep blowing my whistle when the need arises.
If you are offended by the things I say, imagine the stuff I hold back.
RE: Duty to Warn
RE: Duty to Warn
The term "imminent" can refer to small scale issues, such as a rotted out roof rafter beam, or a leaning basement wall...not necessarily worth calling 911 for; however, good idea to cover your butt by notifying the homeowner in writing so they dont come back at you (claiming you didn't tell them of this risk) if it fails after a year and causes damage to their property.
RE: Duty to Warn
Much depends on the imminent hazard and type of hazard. For example, a rusting-through pin or failing girder on a highway bridge or under a stadium in an earthquake zone are much higher criteria needing immediate action than a rusting bridge girder on a railroad track not used for 12 years..
RE: Duty to Warn
But then, I never had this type of situation come up.
Garth Dreger PE - AZ Phoenix area
As EOR's we should take the responsibility to design our structures to support the components we allow in our design per that industry standards.
RE: Duty to Warn
In this new world posting this on facebook and twitter is probably better than anything. I wish I was kidding.
B+W Engineering and Design
Los Angeles Civil Engineer and Structural Engineer
http://bwengr.com | http://bwstructuralengineer.com | http://bwcivilengineer.com
RE: Duty to Warn
If someone is in danger, you should not wait for the mail, and make sure more than one person is notified (owner and building department).