Lesson 22 - FHWA University Course on Bicycle and Pedestrian Transportation (FHWA-HRT-05-085)

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Tort Liability and Risk Management
Lesson 22

The photograph shows a spalled and crumbling sidewalk along a residential street. Ramps down to the street look treacherous and unsafe.

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.

City/County Agencies
– 3 lawsuits per year.
– 50% settled against.
– $230,000 average settlement.
– Defense costs $72,000 per case.

Basic Definitions

Tort.
Negligence.
Ordinary care.
Immunity:
– Sovereign.
– Limited.

The photograph shows busy roadway with several large trucks towing recreational campers. There is a sidewalk on both sides of the road when crossing a bridge, but the sidewalks have not been given adequate clearance from the travel lanes. A warning sign at the beginning of the bridge shows a symbol of a vehicle mirror striking a pedestrian with the text - VEHICLE MIRROR HAZARD.

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.

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.

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