December 2009

The Bridge Inspection Report - A Legal Document
by a Senior Inspector, Infrastructure Engineers, Inc.

As bridge inspectors – working out in the elements, traveling on the road, staying organized and meeting schedules – the last thing on our minds is having to explain or defend in court what we just did.  But if a bridge you inspected experiences some sort of unfortunate failure, you could find yourself in just this situation.  The notes, mark-ups, sketches, photos, and even that comment you wrote sideways in the margin can and most likely will be scrutinized by the legal professional whose objective may be to discredit you.

Perhaps some of us have already experienced the awkward, stressful, and uncomfortable feeling of “I hope they don’t ask about that” or “why didn’t I write that differently”?  It’s a given…if it’s in their best interest, they will attempt to interpret your notes to their advantage.  I’m sure we have all, at one time or another in our careers, had difficulty interpreting our own notes.

Just imagine what an attorney could do with that, if even you are having difficulty figuring out what you wrote.  Hopefully, none of us will ever find ourselves in this situation.  However, should we end up defending ourselves in a courtroom, how could we make sure beforehand that it won’t turn into an uncomfortable situation?

It all starts with your note taking skills.  Our objective should be to reduce or eliminate any questions or confusion caused by our note taking.  Whether your note is an exact dimension of a defect and location or a general note meant to encompass several comparable defects, make sure it conveys the information as you intended it.  Write complete, concise, thorough, and accurate notes, and when possible, document them with photos.  Eliminate any words that may imply or construe a different meaning than what is intended.  Eliminate assumptions, speculation, or cause; just report verifiable facts.  Take section loss as an example.  Unless you have the proper documentation, don’t estimate the section loss of a member, unless you think you can convince an attorney that your eyes have been calibrated to make such observations.

When it comes to photos, be conscious of what you capture (including what may be in the background).  Don’t incriminate yourself or others by accidently capturing – usually in the background – a vehicle that may appear to be parked without proper MOT or another inspector on your team without the proper safety gear.  

If you use checklists, make sure you really do use them.  An incomplete checklist gives more ammunition to discredit you, or even worse, is checking off something that you didn't do.  Putting checkmarks on a checklist can be routine…you know you covered everything, so you check off everything on the checklist.  Don’t fall into this routine!  Stop and read each item, making sure your checklist accurately reflects what you did or didn't do.  Then go back and make sure you complete any missing items.

This is not an attempt to create paranoia when it comes to inspection and note taking, but rather to enhance our consciousness of how we write field notes and how they may be interpreted.  Our objective shouldn't be to avoid a stressful courtroom scenario – if it happens, it will most likely be caused by circumstances out of our control – but rather to be in a more comfortable, confident position to explain and/or defend our actions, if needed.

Keeping these things in mind will not only help to reduce any tension if you find yourself in court, but will also provide for a much more efficient reporting process.  Remember - field notes are as much a legal document as the final report submitted to the client.  Fulfill your legal responsibilities and be careful when taking notes!