Tort Liability and Risk Management

During the past decade, many have questioned the propriety of the doctrine of sovereign immunity; numerous legal challenges and legislative changes have eroded the doctrine in most states. Following the 1979 modification of sovereign immunity legislation in Pennsylvania, the number of tort claims and lawsuits against the Department of Transportation has grown rapidly. In response, a study was made of the principal highway condition factors associated with tort legal actions and of the department's risk management. The results of that study are presented herein. Given the pervasiveness of the highway tort liability problem, many state transportation departments should benefit from the study findings and their implications.