Potential Liability Associated with Unstable Slope Management Programs

Personal injury or property damage resulting from highway slope failures often result in tort claims made against State Departments of Transportation (DOTs). Although State DOTs have a legal duty to maintain highways in a reasonably safe condition for travel, it is generally understood that it is not feasible to completely eliminate the risk of highway slope failure. In an effort to manage the cost and risk (legal and otherwise) of highway slope failures, many State DOTs have adopted unstable slope management programs, such as the Rockfall Hazard Rating System (RHRS) developed with the support of the Federal Highway Administration. Program capabilities vary widely from state to state, ranging from project ranking systems for capital-intensive slope remediation projects in some states, to geotechnical asset management programs to support routine maintenance throughout the slope life cycle in other states. This paper will examine how these programs influence the outcome of tort claims against State DOTs in lawsuits involving highway slope failures, including how the programs influence the court’s analysis of immunity and negligence. It will be seen that, while unstable slope management programs can help State DOTs avoid liability for decisions to defer capital-intensive slope remediation projects, they generally do not allow State DOTs to avoid liability for failure to perform routine maintenance of highway slopes.

Language

  • English

Media Info

  • Media Type: Digital/other
  • Features: References;
  • Pagination: pp 311-330
  • Monograph Title: Proceedings of the 71st Highway Geology Symposium (HGS 2022)

Subject/Index Terms

Filing Info

  • Accession Number: 01852535
  • Record Type: Publication
  • Files: TRIS
  • Created Date: Jul 21 2022 1:39PM