MICHIGAN ATTEMPTS TO RESTRICT LIABILITY

Senator Nick Smith (R), from South Central Michigan has reintroduced legislation in the form of three bills which contain a laundry list of immunity provisions for roadway negligence. S.B. 256 would repeal the present liability of county road commissions and "exempt" countries from any liability for negligent maintenance of county roads. S.B. 257 would exempt governments from comparative negligence and S.B. 258 seeks to do the following: --narrow the liability of governments and their duty to maintain roads to the travelled portion of a highway, specifically excluding sidewalks, shoulders, ditches, median and roadside barriers, signs, poles, bridge piers, or any other highway appurtenances, objects or areas outside the road. --bar recovery to persons convicted of DWI or wreckless driving in the accident. --bar recovery to passengers who knew or should have known that the driver was "under the influence". --cap recoveries on noneconomic loss to $250,000. --eliminate joint and several liability of government and restrict recovery to those damages to persons and property directly attributable to the percent of negligence assigned to the government. --create a 50 percent bar rule which would deny recovery to plaintiff's who are 51 percent or more at fault. --require all damages to other parties be subtracted from the payout attributable to governments. (Author)

• Availability:
  • Find a library where document is available. Order URL: http://worldcat.org/issn/0884612X
• Corporate Authors:

  TranSafety Incorporated

  2020 K Street, NW, Suite 350
  Washington, DC  United States  20006
• Authors:
  • Esquina, L
• Publication Date: 1985-6

Media Info

• Pagination: p. 3
• Serial:
  • TRANSAFETY REPORTER
  • Volume: 3
  • Issue Number: 6
  • Publisher: TranSafety, Incorporated
  • ISSN: 0884-612X

Subject/Index Terms

• TRT Terms: County government; Laws; Liability; Loss and damage; State departments of transportation; Ultimate load design
• Old TRIS Terms: Limits
• Subject Areas: Administration and Management; Highways; Law; Operations and Traffic Management; I73: Traffic Control;

Filing Info

• Accession Number: 00396377
• Record Type: Publication
• Files: TRIS
• Created Date: Feb 28 1986 12:00AM