---
title: "Short note: Liability and negligence"
subject: "Engineering Professional Practice"
chapter: 2
key: "semester_8/engineering_professional_practice:short-note-liability-negligence"
source: https://www.bctengineer.com/q/semester_8/engineering_professional_practice/short-note-liability-negligence
site: BCT Engineering
---

# Short note: Liability and negligence

Engineering Professional Practice · Chapter 2: Profession and Ethics

- Asked in: 2071 Magh, 4 marks
- Video: [18-19.01.KA08803.ELE.003.RISK AND LIABILITY IN ENGINEERING](https://www.youtube.com/watch?v=BlQTnchTRLA) — aLexteR RoMeo
- Answer checked by Claude Opus 5.5 (high effort) on 2026-10-14
- Page: https://www.bctengineer.com/q/semester_8/engineering_professional_practice/short-note-liability-negligence
- Whole chapter: https://www.bctengineer.com/md/semester_8/engineering_professional_practice/chapter-2

## Question

Write a short note on Liability and Negligence.

## Short answer

Liability is the legal duty to compensate for harm, including civil, criminal, and professional. Negligence is a common tort where breach of duty of care causes damage; proving it requires duty, breach, causation, and injury. Engineers mitigate this by following codes and documenting work.

## Answer

#### Liability
Liability is the legal obligation of a person to make good a loss or injury caused to another, or to face punishment. It can be:
- **Civil liability:** compensation for loss (contract or tort).
- **Criminal liability:** punishment (fine, imprisonment) for violating criminal law, e.g. death caused by gross neglect.
- **Contractual liability:** failure to perform the contract terms.
- **Professional liability:** breach of professional duty of care.
- **Vicarious liability:** employer's liability for employee's acts.
- **Strict liability:** responsibility without proof of fault, e.g. for hazardous activities.

#### Negligence
Negligence is the failure to exercise the care expected of a reasonable professional, resulting in damage to another. The injured party must prove: duty of care, breach, causation and damage. Engineering examples are faulty design, poor supervision, use of substandard materials, ignoring codes and failure to warn of risk.

Defences include contributory negligence of the claimant, acting within code and standards, and unforeseeable causes.

#### Relation
Negligence is a main source of professional liability. Engineers reduce it by keeping up to date, following codes, documenting decisions, getting professional indemnity insurance and working within their competence.

## Check yourself

The answer's key points as multiple-choice questions, with the correct option and why.

1. What is strict liability?
   A. Responsibility without proof of fault, e.g. hazardous activities
   B. Liability only after a trial for crimes
   C. Liability of employees only
   D. Liability based on contract only
   Answer: A. Strict liability applies for hazardous activities without proof of fault. (Key point: Strict liability)

2. Which is an example of criminal liability?
   A. Failure to pay contract fees
   B. Death caused by gross neglect leading to fine or imprisonment
   C. Employer's liability for staff
   D. Civil compensation
   Answer: B. Criminal liability brings punishment such as fine or imprisonment. (Key point: Criminal liability)

3. What must an injured party prove for negligence?
   A. Intent only
   B. Duty of care, breach, causation and damage
   C. Profit of the engineer
   D. Contract only
   Answer: B. The claimant must prove duty of care, breach, causation and damage. (Key point: Burden of proof)

4. Which helps engineers reduce liability?
   A. Ignoring codes
   B. Following codes, documenting decisions and carrying professional indemnity insurance
   C. Working beyond competence
   D. Verbal agreements
   Answer: B. Keeping up to date, following codes, documenting decisions and insurance reduce liability. (Key point: Reducing liability)

## Related in Engineering Professional Practice

- [Negligence, tort, liability, elements](https://www.bctengineer.com/question.md?key=semester_8%2Fengineering_professional_practice%3Anegligence-tort-liability) — Engineering Professional Practice, chapter 2