The Bambi theory of liability was originated in New Jersey which specifies that the landscape architects were liable to recoup the cost of landscaping lost to the most voracious herbivore, white tailed deer. This theory stresses that the landscape architect have a duty to advice their clients that deer are more likely to consume the expensive planting they specify to be planted on vast areas.
If the landscape architect fails to advice the client about this, the client can then have the right to recover the cost of landscaping lost. However this theory is not accepted by many people especially by the landscape architects and their lawyers. Hence a contract clause is included in this theory of liability.
The new landscape architect liability law specifies that as no plant is deer proof, the landscape architect is not liable to repay the owner the cost of landscaping lost due to deer damage. However the landscape architect would need to provide the list of landscape plants which are rated as resistance to deer damage. This helps the landscape architect prevent himself from any of the legal actions.
The landscape architect liability law suggests some professional liability of a landscape architect. Since a small omission or error can bring a legal action against the landscape architect, he\she needs to follow the professional liability strictly.
In fact the actual responsibility of a landscape architect is to preserve the natural resources and to design and plan for environmentally friendly projects. The landscape architect therefore requires fulfilling his responsibility as per the law.
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