Lesson 22: Tort Liability and Risk Management

Lesson Outline
- Trends in tort liability.
- Basic definitions.
- Common problems/issues.
- Risk management strategies.
Trends in Tort Liability
- State DOTs:
– 80 lawsuits per year. – 7% settled against. – $60,000 average settlement. – Defense costs $68,000 per case.
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- City/County Agencies
– 3 lawsuits per year. – 50% settled against. – $230,000 average settlement. – Defense costs $72,000 per case.
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Basic Definitions
- Tort.
- Negligence.
- Ordinary care.
- Immunity:
– Sovereign. – Limited.
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Common Problems in Tort Claims
- Drainage grates.
- Path discontinuity.
- Inadequate curve radii.
- Surface problems.
- Lack of consideration for bicyclists and pedestrians.
- Bridges and underpasses.
- Poor sight distance.
- Poor maintenance.
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Risk Management
- Use proactive strategy:
– | Document existing conditions. |
– | Review conditions in context of ordinary care guidelines and standards. |
– | Develop recommendations. |
– | Set priorities for action. |
Lesson Summary
- Tort liability is an issue (as it is in all road design aspects).
- The risk associated with providing pedestrian and bicycle facilities can be managed.
- A plan of prudent design, operations, and maintenance will help to manage the risk.
FHWA-HRT-05-128
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