What specific legal liability might an Event Manager face if they knowingly permit the use of a temporary structure that lacks proper engineering certification and it subsequently fails, causing injury?
An Event Manager who knowingly permits the use of a temporary structure lacking proper engineering certification, which subsequently fails and causes injury, faces significant legal liability under both civil and potentially criminal law. This liability stems from their professional duty to ensure safety at the event.
Firstly, in civil law, the Event Manager would primarily be liable for negligence. Negligence is a legal concept where a person is held responsible for harm caused by their failure to exercise reasonable care. The Event Manager has a duty of care to all individuals at the event, requiring them to take reasonable steps to ensure their safety, including the structural integrity of temporary installations. By knowingly allowing an uncertified structure, the Event Manager commits a breach of that duty of care. "Engineering certification" refers to a formal verification by a qualified engineer that a structure meets safety standards and regulatory requirements. Its absence, especially when known, represents a failure to meet a fundamental safety standard. The term "knowingly permit" signifies a conscious awareness of this lack of certification and a deliberate decision to proceed despite the inherent risk, which can elevate the breach to gross negligence. Gross negligence implies an extreme or reckless disregard for the safety of others, going beyond ordinary carelessness. For liability to attach, there must be causation, meaning the structure's failure must be directly attributable to its lack of proper engineering and inherent unsafeness, and this failure must have directly caused the damages (injuries and losses) suffered by the victims. The Event Manager would be legally obligated to financially compensate the injured parties for medical expenses, lost wages, pain, and suffering.
Secondly, in certain circumstances, the Event Manager could face criminal liability. While civil law focuses on compensation, criminal law aims to punish actions that are deemed harmful to society. If the Event Manager's action of knowingly permitting the uncertified structure demonstrates a high degree of recklessness or a wanton disregard for human life and safety, they could be charged with criminal negligence. This typically requires proof that their conduct was a gross deviation from the standard of care a reasonable person would observe, and that they were aware of the substantial and unjustifiable risk posed. If the structural failure results in a fatality, the Event Manager could potentially face charges of manslaughter, specifically involuntary manslaughter or negligent homicide, depending on the specific jurisdiction and facts. This means their extreme carelessness or reckless conduct directly led to someone's death. Additionally, the Event Manager may face charges for violating specific occupational safety and health regulations or building codes. Many jurisdictions have laws that criminalize serious breaches of public safety or workplace standards, carrying penalties that can include substantial fines, imprisonment, or both for knowingly disregarding safety requirements like engineering certification.