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Title:

A GENERAL SURVEY OF THE LEGAL LIABILITY OF PUBLIC AGENCIES FOR INJURIES DUE TO UNSAFE CONDITION OF HIGHWAY BRIDGES

Accession Number:

00238558

Record Type:

Monograph

Abstract:

SURVEYS SHOW THAT LEGAL LIABILITY FOR INJURIES DUE TO DEFECTS OR FAILURES OF HIGHWAY BRIDGES DEPENDS UPON ANALYSIS OF LAW OF THE PARTICULAR STATE IN WHICH THE INJURY OCCURS SINCE NO FEDERAL LAW EXISTS IN THIS FIELD. THE BASIS OF LEGAL DUTY OF PUBLIC AGENCIES IS STATUTE LAW WHICH DIFFERS FROM STATE TO STATE. THE NATURE OF MAINTENANCE AND REPAIR FUNCTIONS ARE SUCH THAT SUBSTANTIAL DISCRETION MUST BE ALLOWED FOR ENGINEERING JUDGMENT. IN THE ABSENCE OF SPECIFIC OR IMPLIED STATUTORY BASES, THE DUTY OF BRIDGE MAINTENANCE AND REPAIR RESTS ON THE COUNTIES ACCORDING TO THE RULE OF COMMON LAW. IN AN ACTION TO RECOVER DAMAGES BASED ON BREACH OF A STATUTORY DUTY TO REMEDY AN UNSAFE BRIDGE CONDITION, THE CONNECTICUT COURT USED A TEST OF REASONABLENESS TO DETERMINE COMPLIANCE. THE PENNSYLVANIA SUPREME COURT HAS RULED THAT A COUNTY WAS NOT LIABLE FOR DAMAGES FOLLOWING COLLAPSE OF A BRIDGE WHERE EXAMINATION OF THE STRUCTURE BY BRIDGE INSPECTORS 9 WEEKS PRIOR TO THE ACCIDENT FAILED TO REVEAL ANY DEFECTS. THE STANDARD OF CARE WHICH COURTS SEEM TO IMPOSE ON PUBLIC AGENCIES RESPONSIBLE FOR BRIDGE MAINTENANCE REQUIRE INSPECTION BY QUALIFIED ENGINEERS AT REASONABLE INTERVALS, FOLLOWED BY THE PERFORMANCE OF MAINTENANCE AND REPAIRS RECOMMENDED BY THESE INSPECTORS TO KEEP THE BRIDGE IN SAFE CONDITION. THE LEGAL LIABILITY OF PUBLIC AGENCIES TO PAY DAMAGES FOR INJURIES DUE TO BRIDGE FAILURES DEPENDS NOT ONLY ON ESTABLISHING ASSISTANCE OF A LEGAL DUTY ON THE AGENCY'S PART TO MAINTAIN A BRIDGE, BUT THAT: (1) A BREACH OF THIS DUTY OCCURRED, AND (2) THIS BREACH WAS DIRECTLY RESPONSIBLE FOR THE INJURY WHICH IS THE BASIS OF THE CLAIM. TRADITIONALLY, ACTIONS AGAINST STATES OR THEIR AGENCIES HAVE BEEN BARRED BY DEFENSE OF THE STATE'S SOVEREIGN IMMUNITY, GENERALLY EXPRESSED IN THE CONSTITUTIONAL PROVISION THAT THE STATE MAY NOT BE SUED IN ITS OWN COURTS WITHOUT ITS CONSENT. IN RECENT YEARS THERE HAS SEEMED TO BE A TREND TO ABOLISH OR MODIFY THIS DEFENSE FOR PUBLIC AGENCIES.

Supplemental Notes:

Item No 94, 34 PP, 1 APP

Corporate Authors:

Highway Research Board

2101 Constitution Avenue, NW
Washington, DC 20418

Authors:

Netherton, R D

Publication Date:

1968

Uncontrolled Terms:

Agencies; Repairs

Old TRIS Terms:

Subject Areas:

Bridges and other structures; Finance; Highways; Law; Maintenance and Preservation; Safety and Human Factors

Files:

TRIS, TRB

Created Date:

Nov 12 1994 12:00AM