Design Standards and Public Liability

by John W. Witt,
Ronald L. Johnson,

Document Type: Proceeding Paper

Part of: Infrastructure for Urban Growth


For years in California, a defense to a negligence action was contributory negligence. This was replaced in 1975 by comparative negligence, which the paper discusses. It then goes on to consider city exposures where the City may be required to pay large judgments in cases in which the City's fault is marginal; these involves traffic accidents where the plaintiff alleges some minor defect in the street design, street maintenance, or traffic control devices. Several cases are considered to illustrate the issues covered.

Subject Headings: Legal affairs | Standards and codes | Liability | Traffic accidents | Highway and road design | Comparative studies | Geological faults | Defects and imperfections | California | United States

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