Research Article
Jul 1979

Liability in Traffic and Highway Operations

This article has a reply.
VIEW THE REPLY
Publication: Transportation Engineering Journal of ASCE
Volume 105, Issue 4

Abstract

An introduction to the current legal attention that the judicial profession is giving streets and highways today. Included is an introduction to the negligence suit and tort liability. Governmental suits are a two-tier operation. First one must overcome any of the immunities that may exist just to get to court. Once there it must be proved that the governmental body owed a duty to the injured, that that duty was breached, and that the injured suffered a loss or injury as a result of that breach. As an introduction to the immunities the history of it is presented from ancient English law to its present place in American law. Exceptions to the immunities are presented. The dual (legal definition) nature of governmental bodies are presented, i.e., the governmental-proprietary function. Design immunity and operational review after installation is considered. Current legal cases are used to accent key points.

Get full access to this article

View all available purchase options and get full access to this article.

Information & Authors

Information

Published In

Transportation Engineering Journal of ASCE
Volume 105Issue 4July 1979
Pages: 373 - 382

History

Published in print: Jul 1979
Published online: Feb 5, 2021

Permissions

Request permissions for this article.

Authors

Affiliations

Sheldon I. Pivnik
System Engr., Metro-Dade County Dept. of Traffic and Transportation, Miami, Fla

Metrics & Citations

Metrics

Citations

Download citation

If you have the appropriate software installed, you can download article citation data to the citation manager of your choice. Simply select your manager software from the list below and click Download.

View Options

Get Access

Access content

Please select your options to get access

Log in/Register Log in via your institution (Shibboleth)
ASCE Members: Please log in to see member pricing

Purchase

Save for later Information on ASCE Library Cards
ASCE Library Cards let you download journal articles, proceedings papers, and available book chapters across the entire ASCE Library platform. ASCE Library Cards remain active for 24 months or until all downloads are used. Note: This content will be debited as one download at time of checkout.

Terms of Use: ASCE Library Cards are for individual, personal use only. Reselling, republishing, or forwarding the materials to libraries or reading rooms is prohibited.
ASCE Library Card (5 downloads)
$105.00
Add to cart
ASCE Library Card (20 downloads)
$280.00
Add to cart
Buy Single Article
$35.00
Add to cart

Get Access

Access content

Please select your options to get access

Log in/Register Log in via your institution (Shibboleth)
ASCE Members: Please log in to see member pricing

Purchase

Save for later Information on ASCE Library Cards
ASCE Library Cards let you download journal articles, proceedings papers, and available book chapters across the entire ASCE Library platform. ASCE Library Cards remain active for 24 months or until all downloads are used. Note: This content will be debited as one download at time of checkout.

Terms of Use: ASCE Library Cards are for individual, personal use only. Reselling, republishing, or forwarding the materials to libraries or reading rooms is prohibited.
ASCE Library Card (5 downloads)
$105.00
Add to cart
ASCE Library Card (20 downloads)
$280.00
Add to cart
Buy Single Article
$35.00
Add to cart

Media

Figures

Other

Tables

Share

Share

Copy the content Link

Share with email

Email a colleague

Share