Below are the first 10 and last 10 pages of uncorrected machine-read text (when available) of this chapter, followed by the top 30 algorithmically extracted key phrases from the chapter as a whole.
Intended to provide our own search engines and external engines with highly rich, chapter-representative searchable text on the opening pages of each chapter.
Because it is UNCORRECTED material, please consider the following text as a useful but insufficient proxy for the authoritative book pages.
Do not use for reproduction, copying, pasting, or reading; exclusively for search engines.
OCR for page 2
CONTENTS
Introduction, 3 Section VII. Public Entities' Immunity Under Recreational
Section I. Federal Laws Encouraging the Designation and Use Use Statutes for Bikeways, 28
of Bikeways, 3 A. Overview of Recreational Use Statutes, 28
Section II. Tort Claims Against a Public Entity for Bikeway B. Whether Public Entities Are Owners Under Recreational Use
Statutes, 31
Accidents, 4
C. Whether Bikeways Come Within the Meaning of Recreational Use
A. Introduction, 4
Statutes, 33
B. Whether a Public Entity Has a Duty to a Bicyclist, 5
D. Immunity When Recreational Use Is Restricted, 38
C. Whether a Public Entity's Alleged Negligence Was the Proximate
Cause of the Plaintiff's Claim, 6 Section VIII. Local Law and Policy Regarding the
Designation of Bikeways, 38
Section III. Defenses to Bikeway Claims Under State Tort
A. Localities' Laws and Policies Regarding Bikeways, 38
Claims Acts and Recreational Use Statutes, 7
B. Types of Bikeways, 39
A. Interplay Between a Tort Claims Act and a Recreational Use Statute
in Bikeway-Accident Claims Against Public Entities, 7 C. Responsibility for Designating Bikeways, 40
B. Immunity From Bikeway Claims Under Some Recreational Use D. Design and Maintenance Guidance for Bikeways, 41
Statutes, 8
E. Localities' Reported Litigation Over Bikeway Designations, 42
Section IV. Tort Claims Acts and Tort Liability of Public
F. Localities' Reported Tort Liability and Bikeway Accidents, 43
Entities, 9
G. Public Entities' Recommendations for Localities Considering
A. State Tort Claims Acts, 9 Bikeways, 43
B. No General Duty to Install or Provide Highway Signs, Signals, or
Pavement Markings, 10
Conclusion, 43
C. Whether a Public Entity Had Notice of a Dangerous Condition, 11 Appendix A--Survey Questions, 45
D. The Governmental/Proprietary Test Applicable to Municipal Appendix B--List of Agencies Responding to Survey
Corporations in Some States, 12 Questions, 46
Section V. Immunity of Public Entities for the Exercise of Appendix C--State Recreational Use Statutes, 48
Their Discretion, 13
Appendix D--Case/Issue Index, 50
A. The Meaning of the Discretionary Function Exemption, 13
B. The Meaning of the Discretionary Function Exemption in State Tort
Claims Acts, 14
C. The Discretionary Function Exemption and Bikeway Claims Against
Public Entities, 16
D. Immunity for Negligent Design Based on a Statutory Exemption for
Discretionary Activity, 17
E. Application of the Discretionary Exemption to the Maintenance of
Bikeways, 20
Section VI. Alleged Negligence of Public Entities That May
or May Not Result in Liability for Bikeway Accidents, 21
A. Warning Signs, 21
B. Traffic Control Devices, 22
C. Stop Signs and Speed Limit Signs, 23
D. Pavement Markings, 24
E. Defects in the Pavement Surface, 25
F. Guardrails and Barriers, 25
G. Shoulders and Adjacent Areas, 26
H. Requirement That Bicyclists Be Intended or Permitted Users, 27
