Citation

Martin SFJ. Transp. Res. Rec. 1994; 1445: 156-159.

Copyright

(Copyright © 1994, Transportation Research Board, National Research Council, National Academy of Sciences USA, Publisher SAGE Publishing)

DOI

unavailable

PMID

unavailable

Abstract

The legal implications of the design exception process in the context of tort liability and tort litigation are examined. Only six states currently report that their highway or transportation departments are immune from suit by motorists injured as a result of alleged defects of the highway. In those states susceptible to suit, the alleged defect may well be a design defect. In such cases the application of design standards and adequate justification of any deviation from the applicable standard become paramount in the defense of the lawsuit. A brief introduction to the notion of sovereign immunity of state governments and some of the important concepts of tort law are offered. Within this context the relationship of design standards to legal notice of highway hazards is explored, and the significance of departure from those standards is explained. Recommendations for the designer are provided. The author's experience, since 1987, as a member of the legal staff of the Pennsylvania Department of Transportation involved in the risk management training and education of Pennsylvania Department of Transportation employees is used as the basis. The recommendations are based on those made to Pennsylvania highway designers and design liaison engineers.

Record URL:
http://onlinepubs.trb.org/Onlinepubs/trr/1994/1445/1445-018.pdf

Language: en

Keywords

Hazards; Highway accidents; Laws and legislation; Standards; Roads and streets; Highway systems; Engineers; Transportation personnel; Structural design