Journal of American Law

SPRING 2015

The Journal of American Law is a peer-reviewed journal and the only one of its kind in the country. The Journal is a law review focused on important legal issues ranging from complex litigation to Supreme Court rulings.

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46 Journal of American Law // Spring 2015 (Wash. 2011), the Washington Supreme Court considered a claim against an engineering firm by an injured employ- ee of a third party. Applying Rev. Code Wash. (ARCW) ยง 51.24, the court held that the statute was valid and that en- gineers and architects are immune to claims arising from injuries to third parties at construction projects if all the el- ements are met. However, the court denied summary judg- ment for the engineering firm because a question existed regarding whether the firm's negligent design caused the worker's injuries and whether the site of the injury actually was a construction project. 12 Conclusion Design professionals acutely are aware of the need to manage their practices to minimize liability exposure to design er- rors and omissions. However, few fully appreciate the extent of their exposure to liability for construction worker injuries when they contract for construction phase services. While well-crafed contracts and adherence to best practices pro- vide a sound defense, it is in the claimant's interest to portray the project architect or engineer as the all-knowing, all-see- ing professional who has the duty to monitor, detect, and cure unsafe work site conditions and practices. Fifeen states have adopted a public policy to protect design professionals from this liability exposure provided they do not contract to control the site or manage safety practices. Tese immunity provisions embedded within the states' workers' compen- sation laws may provide an absolute defense to worker in- jury claims. Prudent design professionals and their counsel should keep abreast of the status of these laws in the states where they practice. 12 See also, Bauer v. Howard S. Wright Constr. Co., 2000 Wash. App. LEXIS 1227.

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