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Tort Liability and Risk Management

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Federal Highway Administration University Course on Bicycle and Pedestrian ... Inadequate curve radii. Surface problems. Common Problems in Tort Claims. 2-6 ... – PowerPoint PPT presentation

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Title: Tort Liability and Risk Management


1
Tort Liability and Risk Management
Publication No. FHWA-HRT-05-128
  • Lesson 22

2
Lesson Outline
  • Trends in tort liability.
  • Basic definitions.
  • Common problems/issues.
  • Risk management strategies.

3
Trends in Tort Liability
  • State DOTs
  • 80 lawsuits per year.
  • 7 settled against.
  • 60,000 average settlement.
  • Defense costs 68,000 per case.
  • City/County Agencies
  • 3 lawsuits per year.
  • 50 settled against.
  • 230,000 average settlement.
  • Defense costs 72,000 per case.

4
Basic Definitions
  • Tort.
  • Negligence.
  • Ordinary care.
  • Immunity
  • Sovereign.
  • Limited.

5
Common Problems in Tort Claims
  • Drainage grates.
  • Path discontinuity.
  • Inadequate curve radii.
  • Surface problems.

6
Common Problems in Tort Claims
  • Lack of consideration for bicyclists and
    pedestrians.
  • Bridges and underpasses.
  • Poor sight distance.
  • Poor maintenance.

7
Risk Management
  • Use proactive strategy
  • Document existing conditions.
  • Review conditions in context of ordinary care
    guidelines and standards.
  • Develop recommendations.
  • Set priorities for action.

8
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.
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