Liability Aspects of Pedestrian Facilities (2015) / Chapter Skim
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Pages 12-18
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From page 12... ...
12 plaint. Caltrans reported that it developed additional training for its construction inspectors as a result of complaints of lack of temporary pedestrian access during the construction process.
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13 The last factor suggests a cost-benefit analysis of the costs of any repairs and budgetary concerns or constraints compared to the potential danger to citizens and injuries that they may sustain if they were to trip and fall. The agency must decide whether to repair the allegedly defective area if it has not yet been addressed at the time of the suit.
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14 dispose of those cases using motions to dismiss or motions for summary judgment. The reasons those motions are granted are frequently specific to the law of the state where the tort occurred.
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15 3. Failure to Provide Adequate Crossings Claims such as: the existing crossing should have been improved; refuge islands or pedestrian signals should have been installed; ambient lighting should have been improved; or speeds should have been reduced in the crossing are discussed in this section.
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16 killed while he walked through a marked crosswalk. Allegations against the city were that inoperative signal poles that had been installed were confusing to the defendant driver and motorists in general.
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17 tripped did not present an unreasonably dangerous condition. Even if a plaintiff can prove an uneven sidewalk surface, the condition of the sidewalk, if proven dangerous or out of compliance with guidelines, must causally relate to the injury for the plaintiff to be successful in the suit.
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From page 18... ...
18 termining whether the sidewalk should have been repaired before the plaintiff's accident. The court stated that the cost to the city to fix the deviation in question, as well as all the other (many)
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