SUPPLEMENT TO LIABILITY OF THE STATE FOR INJURY-PRODUCING DEFECTS IN HIGHWAY SURFACE

State highway departments and transportation agencies have a continuing need to keep abreast of operating practices and legal elements of specific problems in highway law. This report supplements and updates a paper in Volume 4 of "Selected Studies in Highway Law," entitled "Liability of the State for Injury Producing Defects in Highway Surface," pp. 1966-N33 to 1966-N54, which was prepared by J.C. Vance. The contents of this Digest update the information presented in the original paper on the following topics: Introduction; Necessity to prove proximate cause; Necessity to prove actual or constructive notice; Liability under "Highway Defect" statutes; Contributory negligence; Effect of provisions of maintenance manual; Financial feasibility test; Evidentiary matters; Liability in cases of concurrent jurisdiction; Discretionary immunity; and Conclusion.

• Record URL:
  http://onlinepubs.trb.org/onlinepubs/nchrp/docs/nchrp_lrd_10.pdf
• Supplemental Notes:
  • Distribution, posting, or copying of this PDF is strictly prohibited without written permission of the Transportation Research Board of the National Academy of Sciences. Unless otherwise indicated, all materials in this PDF are copyrighted by the National Academy of Sciences. Copyright © National Academy of Sciences. All rights reserved.
• Corporate Authors:

  Transportation Research Board

  500 Fifth Street, NW
  Washington, DC  United States  20001
• Publication Date: 1990-4

Media Info

• Media Type: Digital/other
• Pagination: 10 p.
• Serial:
  • NCHRP Legal Research Digest
  • Issue Number: 10
  • Publisher: Transportation Research Board

Subject/Index Terms

• TRT Terms: Defects; Evidence; Governments; Highway law; Highway maintenance; Highways; Immunity (Law); Injuries; Liability; Negligence; State government
• Uncontrolled Terms: Jurisdiction
• Subject Areas: Highways; Law; Maintenance and Preservation; Safety and Human Factors; Security and Emergencies; I10: Economics and Administration; I60: Maintenance;

Filing Info

• Accession Number: 00495660
• Record Type: Publication
• Files: TRIS, TRB
• Created Date: Jul 31 1990 12:00AM