LIGHT POLE LIABILITY - WHERE DOES IT ATTACH?
Two recent cases involving light poles in Michigan and California show varying agencies responsible for their placement and maintenance, depending on the type of road and its location. The Michigan case involves a family injured when their vehicle struck a light pole located behind a curb on the shoulder of Interstate 94 during wet weather. The state was the only named defendant since it has sole responsibility for placement and maintenance of poles on interstates. The Michigan Court of Claims ruled the highway department was negligent in three respects; inadequate shoulder width; light poles encroaching on the shoulder, and failure to warm of the hazards of water in the right hand lane due to its design. In its appeal the state argued that its liability did not extend to shoulder, but the Appeals Court ruled that since shoulders are designed for vehicles use, the state was obligated to keep them in reasonable repair. The California case stemmed from injuries to a passenger in a car that went over a curb and struck a light pole located on the outside of the curb on an urban arterial street in Antioch, California. The plaintiff agreed that AASHTO standards at the time of the pole's placement (1959) required that poles be plaed four feet behind a curb, but the pole in question was only 18 inches from the curb. The defendants (the City of Antioch, Pacific Gas and Electric, Stein Electric and contractors Bragdon and Belle Garrow) agreed that the sole cause of the accident was driver negligence (40-69 mph in a 30 mph zone). However, the case was settled out of court with the total settlement of $1,060,000.
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Availability:
- Find a library where document is available. Order URL: http://worldcat.org/issn/0884612X
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Corporate Authors:
TranSafety Incorporated
2020 K Street, NW, Suite 350
Washington, DC United States 20006 - Publication Date: 1985-1
Media Info
- Pagination: p. 2
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Serial:
- TRANSAFETY REPORTER
- Volume: 3
- Issue Number: 1
- Publisher: TranSafety, Incorporated
- ISSN: 0884-612X
Subject/Index Terms
- TRT Terms: Compliance; Crashes; Curbs; Design standards; Distance; Liability; Litigation; Location; Road shoulders; Street lighting; Support poles
- Old TRIS Terms: Placement
- Subject Areas: Design; Highways; Law; Safety and Human Factors; I82: Accidents and Transport Infrastructure;
Filing Info
- Accession Number: 00395702
- Record Type: Publication
- Files: TRIS
- Created Date: Oct 31 1985 12:00AM