Risk Management and Tort Liability



Risk Management and Tort Liability

Authors

DATTA T K, Wayne State University, USA

Description

The subject of tort liability arising out of the design, construction, operation and maintenance of highways has received widespread attention in the past two decades. The government is responsible for providing transportation services, however, it is not

Abstract

The subject of tort liability arising out of the design, construction, operation and maintenance of highways has received widespread attention in the past two decades. The government is responsible for providing transportation services, however, it is not the absolute insurer of the safety of highway users. The total resources of any road agency are limited, and therefore, it is not realistic to expect that road agencies can keep the roads and highways in an absolute safe at all times. The courts have consistently concluded that road agencies are required to maintain streets and roads in a reasonably safe condition. Failure to do so may result in liability if a road user suffers an injury or fatality.

Publisher

Association for European Transport