Policy statement 318 - Professional liability and tort reform

The American Society of Civil Engineers (ASCE) supports comprehensive tort reform that discourages or eliminates frivolous lawsuits against licensed and/or accredited engineering professionals.

Tort Reform includes but is not limited to:

Issue

Litigation in the United States is often costly and time consuming, and lawsuits are sometimes frivolous. Findings of liability sometimes seem to be out of proportion with the degree of fault in a case, and large damage awards for unquantifiable claims have been granted. Even the costs to obtain a summary judgment are significant. The growth in litigation against businesses and professionals, has led to dramatic increases in insurance premiums, reduced policy coverage, and even outright cancellations of professional liability insurance coverage. A growing number of professional engineers, including those with little or no history of claims, have found that professional liability insurance is a substantial cost of doing business.

Rationale

ASCE is concerned about the adverse economic impact of litigation, and the escalating cost of liability insurance on the civil engineering profession. These adverse economic impacts affect the availability and affordability of professional liability insurance needed for the orderly and responsible conduct of business, including engineering services.

ASCE Policy Statement 318
First Approved in 1986