Innovation September-October 2013

Innovation Balancing Act Minimizing Liability while using Innovative Products f ea t u r e s

Sonia Sahota, P.Eng., LLB

These days, riding the innovation wave means more to municipalities than recycling asphalt to resurface roads. Whether it is the introduction of bike lanes and vehicle charging stations, use of warm-mix asphalt, or installation of rain gardens, today’s municipalities are incorporating innovative services and products to tackle costs, improve efficiencies and respond to environmental needs and community demands. For local governments, such innovative initiatives can present potential liability concerns. Resorting to conservative approaches may reduce potential risks but they may not always respond to larger community objectives and expectations. As with most innovation, the objective is to reduce cost, improve efficiency or increase some other benefit to the community. So while some risk is inevitable with the introduction of a relatively new product, process or procedure, the key is to identify and manage the risk rather than to foreclose innovation altogether.

Some scenarios giving rise to potential risks, and strategies for managing these risks, are briefly discussed here. These and other examples will be explored further at the upcoming APEGBC conference. Keeping Inspection Policy Current Municipalities often establish their operational practices for inspection and maintenance of municipal works through internal policy (and, those that don’t should consider doing so). But, do existing policies accurately reflect the inspection requirements appropriate for works incorporating innovative materials and concepts? It’s a question to consider in reviewing and updating operational practices regularly to ensure they remain current and provide a meaningful resource for inspection personnel. To the extent that inspection policies are followed (and compliance is evidenced through inspection records) a municipality can provide some defence

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