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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am writing and self-publishing a highly specialised technical

Customer Question

I am writing and self-publishing a highly specialised technical engineering book which I am qualified and sufficiently experienced to write. It will be used by other design consultants or contractors to design rock cuttings for highways, or quarries, or other major excavations in rock. Therefore the risk of harm to others is at arm's length in that any professional reading my book and preparing a design would himself not be damaged, but could design a cutting that could fail, and could drop twenty tons of rock onto a passing public bus, for example. Do you think that if he could demonstrate that the equation he used in his design and that he found in my book contained an error that led to the failure, or else was not correct scientifically so leading to the failure, if he was sued, could he, in turn, sue me successfully?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.Are you claiming to be an expert or simply saying this is a new approach of dealing with the issue?
Customer: replied 1 year ago.
I am a highly qualified geotechnical expert with forty years of experience in that field, and this book - for graduates to use when designing rock excavation structures, such as cuttings in highways, would naturally, portray me as such simply by virtue of its contents. But I do not explicitly state in the book that I am an expert. My qualifications, stated on the book, are BSc (Geology) MSc (Mining) PhD (Civil Engineering). I also state my length of experience as a geotechnical design consultant and describe the type of work I have been involved with internationally. The art of rock mechanics is well known. There have been other books on the subject before, by experts. However, I consider that mine will be the most comprehensive, and the best modern book currently available. Older books do not cover modern design codes, for example. But my book tells engineers how to analyse a slope and how to design stabilisation or rock catching structures. I shall be charging a relatively high price of £96.00 for the book.
Expert:  Ash replied 1 year ago.
Ok. As long as you have a rider in there, ie saying that you exclude all liability and it is up to the individual/firm using the book to make sure they have had structural surveys, risk assessments etc then you will be ok.As such you can exclude liability and effectively shift the blame. You are just providing an example of a method of working - nothing more.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
No, thank you Alex,
I appreciate your advice, and I thank you for the prompt and effective way you have responded.
it has helped me, and has been very good value for money.
Regards,
Peter.
Expert:  Ash replied 1 year ago.
Good luck Peter. If I could ask you to rate my answer before you go, otherwise the site doesnt credit me for the time spent with you.
Expert:  Ash replied 1 year ago.
Have a great bank holiday weekend. Alex
Customer: replied 1 year ago.
OK then Alex, two things:First, I will be delighted to rate your response. I see it at the top of the page. I hadn't noticed it.Second, before we close, I have written the following Caveat for the front pages of my book. What do you think?The author is academically well qualified, having three British university degrees: BSc (Geology), MSc (Mining), and PhD (Civil Engineering). He is now retired, but had, before his retirement, the following professional affiliations: 25 years as a Fellow of the Institution of Civil Engineers, and over 35 years as a Chartered Engineer. His affiliation titles included: CEng CTI CGeol FICE FIMMM FTI FGS.Before you use this book, however, note carefully that the author accepts no liability for your use of it. He is not an expert in this field, but offers his book as containing examples of methods of working, including simple equations that he has prepared from first principles, using well known mathematical formulae. It is the responsibility of the individual user/organisation to satisfy himself/themselves that any equations they use are suitable for their purpose, and have been checked to be accurate and error-free. It is also the responsibility of the individual/organisation to ensure that, in executing any works, they undertake all appropriate health and safety reviews and risk studies as required by relevant practice and legislation wherever such works are being designed and implemented. This is no less than is expected of any professional in any field, using whatever mathematical and professional sources he or she chooses.
Expert:  Ash replied 1 year ago.
1) Thank you2) Yes the disclaimer is fine. Does that clarify? Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Yes, Thank you Alex.I hope I have not impinged too much on your holiday time. It appears that we are both working today.
I rated you five stars. Thank you.
I tipped you 20%. How come they don't tip consulting engineers? :-)
Bye. Peter.
Expert:  Ash replied 1 year ago.
Haha I dont know Peter, I didnt design the site, I only work on it.Have a good bank holiday. Thanks Alex

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