As with many other specialized professionals, land surveyors can be sued for failing to meet a specified duty. If a land surveyor is under contract to perform a professional service, and that service leads to injury, the victims of that injury are able to sue for damages in a malpractice suit. Malpractice can also occur in this field when a land surveyor participates in unethical advertising or competitive behavior that results in a loss to the consumer or to that of another land surveyor.
Unlike medical and legal malpractice cases, the theory of recovery in a lawsuit against a land surveyor will most likely be contract based rather than tort based. If a land estimates are found to be inaccurate or unsatisfactorily completed, a malpractice lawsuit may be filed. Additionally, if a land surveyor surveys property for a prospective buyer and carelessly defines that properties boundaries, they can also be held liable.
The following are the most common instances of land surveyor malpractice:
- Negligent background check of property records
- Attempt to take another land surveyor’s job
- Compete with another land surveyor for employment by the use of unethical practices
- Use or permit the use of his professional seal on work which he was not in charge
- Attempt to practice in any field of engineering, land surveying, or geology in which the registrant is not proficient
If you have been harmed, physically or economically, by the negligent or purposeful act of a land surveyor in the fulfillment of a business contract, you may find the advice of a personal injury attorney helpful when assessing the strength of your claim. Because of the complicated nature of this area of law, the counsel of a personal injury attorney with experience in this field can beneficial to your understanding of your legal matter and to your success with further legal action.