NCJ Number
125329
Journal
DePaul Law Review Volume: 38 Issue: 4 Dated: (Summer 1989) Pages: 873-897
Date Published
1989
Length
25 pages
Annotation
This article examines how the Illinois courts have defined the standard of care for determining negligence by design professionals (architects and construction engineers).
Abstract
Developments that have expanded the duties of design professionals and the range of people to whom those duties are owed are the primary reasons for the surge in the number of lawsuits against these professionals. Most actions against design professionals are brought pursuant to a standard negligence theory. In a negligence action, defining the duty of care owed by the design professional is critical to the plaintiff's ability to recover. What is considered relevant evidence of this duty, however, differs among jurisdictions. Some courts, applying rules that govern medical and legal malpractice actions, require the plaintiff to present expert testimony to establish the standard of care owed by the defendant. Illinois courts, however, have resisted this trend, declining to require such testimony as part of a plaintiff's prima facie case. In such cases, the architect or engineer is subject to an ever-changing standard of care devised by factfinders who lack the professional training and skill necessary to discern appropriate professional standards. Requiring plaintiffs to present expert testimony as to the relevant standard of care will prevent nonexperts from applying arbitrary standards. 112 footnotes.