DESIGN EXCEPTIONS: LEGAL ASPECTS
The legal implications of the design exception process in the context of tort liability and tort litigation are examined. Only six states currently report that their highway or transportation departments are immune from suit by motorists injured as a result of alleged defects of the highway. In those states susceptible to suit, the alleged defect may well be a design defect. In such cases the application of design standards and adequate justification of any deviation from the applicable standard become paramount in the defense of the lawsuit. A brief introduction to the notion of sovereign immunity of state governments and some of the important concepts of tort law are offered. Within this context the relationship of design standards to legal notice of highway hazards is explored, and the significance of departure from those standards is explained. Recommendations for the designer are provided. The author's experience, since 1987, as a member of the legal staff of the Pennsylvania Department of Transportation involved in the risk management training and education of Pennsylvania Department of Transportation employees is used as the basis. The recommendations are based on those made to Pennsylvania highway designers and design liaison engineers.
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Availability:
- Find a library where document is available. Order URL: http://worldcat.org/isbn/0309060516
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Supplemental Notes:
- This paper appears in Transportation Research Record No. 1445, Cross Section and Alinement Design Issues. Distribution, posting, or copying of this PDF is strictly prohibited without written permission of the Transportation Research Board of the National Academy of Sciences. Unless otherwise indicated, all materials in this PDF are copyrighted by the National Academy of Sciences. Copyright © National Academy of Sciences. All rights reserved
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Authors:
- Martin, Stephen F J
- Publication Date: 1994
Language
- English
Media Info
- Features: References;
- Pagination: p. 156-159
- Monograph Title: Cross section and alinement design issues
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Serial:
- Transportation Research Record
- Issue Number: 1445
- Publisher: Transportation Research Board
- ISSN: 0361-1981
Subject/Index Terms
- TRT Terms: Defects; Design standards; Highway departments; Highway design; Highway law; Legal factors; Litigation; Negligence; Sovereign immunity; State government; Tort liability
- Uncontrolled Terms: Design exceptions
- Subject Areas: Design; Highways; Law; Security and Emergencies; I20: Design and Planning of Transport Infrastructure;
Filing Info
- Accession Number: 00675342
- Record Type: Publication
- ISBN: 0309060516
- Files: TRIS, TRB, ATRI
- Created Date: Mar 20 1995 12:00AM