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.
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Washington, DC United States 20001
- Publication Date: 1990-4
- Media Type: Digital/other
- Pagination: 10 p.
- NCHRP Legal Research Digest
- Issue Number: 10
- Publisher: Transportation Research Board
Open Access (libre)
- 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;
- Accession Number: 00495660
- Record Type: Publication
- Files: TRIS, TRB
- Created Date: Jul 31 1990 12:00AM