RESPONDING TO TORT LITIGATION: A MICHIGAN CASE HISTORY

Michigan's Act 170 is discussed, judgements issued in 3 cases are reviewed, and the development of a positive program of response to tort litigation is outlined. Five factors are identified which are necessary to establish liability: the existence of a hazard that is the proximate cause of the accident; knowledge by the responsible agency of the hazard; failure to correct the hazard; failure to warn of the hazard; and the availability of method, time and funds to correct the hazard. The importance of an effective accident surveillance for a legally defensible safety program is emphasized. The categorization of road types, the study of concentrations of accident types and the identification of high accident locations are equally important. A 11-step review-analysis procedure to ensure that all identified locations are subjected to critical engineering appraisal is outlined.

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• Corporate Authors:

  Transportation Research Board

  500 Fifth Street, NW
  Washington, DC  United States  20001
• Authors:
  • Orme, D E
• Publication Date: 1976-9

Media Info

• Features: Figures; Photos;
• Pagination: p. 4-6
• Serial:
  • Transportation Research News
  • Issue Number: 66
  • Publisher: Transportation Research Board
  • ISSN: 0738-6826

Subject/Index Terms

• TRT Terms: Classification; Hazards; High risk locations; Laws; Liability; Litigation; Streets; Surveillance; Tort liability; Traffic crashes; Warning signs
• Uncontrolled Terms: Highway classification
• Subject Areas: Highways; Law; Operations and Traffic Management; Safety and Human Factors;

Filing Info

• Accession Number: 00144031
• Record Type: Publication
• Files: TRIS, TRB
• Created Date: Dec 22 1976 12:00AM