Research Article
Jul 1979
Liability in Traffic and Highway Operations
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VIEW THE REPLYPublication: 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.
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Published In
Transportation Engineering Journal of ASCE
Volume 105 • Issue 4 • July 1979
Pages: 373 - 382
Copyright
© 1979 American Society of Civil Engineers.
History
Published in print: Jul 1979
Published online: Feb 5, 2021
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Authors
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Sheldon I. Pivnik
System Engr., Metro-Dade County Dept. of Traffic and Transportation, Miami, Fla
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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.
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.