THRESHOLDS TO LIABILITY

In a highway negligence case where the accident was caused by faulty road conditions, the primary defendant is the government entity (state, county or municipal) responsible for maintaining the road. However, various private parties including contractors and adjacent landowners can also act negligently and are frequently held liable. Case law is quoted which show that a defect in the road "per se" is not required: failure to warn of an approaching hazard may be grounds alone for a cause of action. It is noted that depending upon the the governmental defendant, an immunity may prevent a plaintiff's recovery. However, a general decline of state immunity is allowing most actions to survive the defendant's attempt to escope liability. Besides governmental defendants, the plaintiff's accident may have been caused by the actions of contractors performing repair work on the highway. Further, even through the subcontractor's acts caused the accident, the general contractor is ultimately liable. Also, the negligence of landowners adjoining the accident site is another possible accident cause. Whether or not a duty exists depends on the location of the obstacle which the plaintiff alleges caused the accident.

• 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:
  • Tauber, R L
• Publication Date: 1985-7

Media Info

• Pagination: p. 3
• Serial:
  • TRANSAFETY REPORTER
  • Volume: 3
  • Issue Number: 7
  • Publisher: TranSafety, Incorporated
  • ISSN: 0884-612X

Subject/Index Terms

• TRT Terms: Contractors; Crash causes; Federal government; Highway safety; Landlords; Laws; Liability; Local government; Negligence; State government
• Uncontrolled Terms: Road conditions
• Geographic Terms: United States
• Subject Areas: Highways; Law; Operations and Traffic Management; Safety and Human Factors; Security and Emergencies; I73: Traffic Control;

Filing Info

• Accession Number: 00399507
• Record Type: Publication
• Files: TRIS
• Created Date: Sep 30 1985 12:00AM