Skip to main content

Tort Liability Defense Practices for Design Flexibility (2012) / Chapter Skim
Currently Skimming:

V. CONCLUSION
Pages 22-22

The Chapter Skim interface presents what we've algorithmically identified as the most significant single chunk of text within every page in the chapter.
Select key terms on the right to highlight them within pages of the chapter.


From page 22...
... The best and most certain means of successfully defending a tort claim is a motion to dismiss or a motion for summary judgment based upon statutory discretionary immunity, statutory immunity based upon reliance upon generally-accepted standards, or statutory immunity based upon "balancing factors." If that method of defense is not allowed under applicable law, the practitioner will necessarily rely upon some variation of the defense that the road was "reasonably safe." That can be shown by documentation of site conditions at the time of the crash combined with documentation done at the time of the design that shows that appropriate engineering judgment was exercised in the design and execution of the plans. At the time of publication of this digest, 15 of the 28 states that responded to our survey had enacted legislation that encourages their DOTs to implement context sensitive or practical design programs.
Read the entire page →

Key Terms

  • judgment based
  • summary judgment
  • csd process
  • practical design
  • geometric design

  • primarily relied
  • agency commitment
  • design programs
  • design defense
  • past generations

  • successful design
  • assist counsel
  • designing highways
  • strategies described
  • balancing factors

  • statutory immunity
  • priate engineering
  • tionary immunity
  • defense strategies
  • merely allows

  • emphasize safety
  • balance multiple
  • multiple factors
  • design phase
  • applicable law

  • engineering judgment
  • strictly adhering
  • include motions
  • implement context
  • site conditions


    • This material may be derived from roughly machine-read images, and so is provided only to facilitate research.
    More information on Chapter Skim is available.