Section VII also analyzes 23 Code of Federal Portation departments against design consultantsĪnd contractors for their plan or design errors and Section VII considers the issue of claims by trans. Terclaims, cross-claims, and third-party claims by orĪgainst a transportation department that involve Of course,Ĭases against contractors may include claims againstĪ transportation department or may result in coun. Tion of a discretionary decision for which the govern. The claim arises out of the contractorâs implementa. When it is acting as the agent of the government and Under federal law and the law of some states, a gov-Įrnment contractor indeed may claim immunity Tractors and, if they are sued for a defective plan orĭesign, whether they may claim sovereign or gov-Įrnmental immunity on the same basis as the owner, Section VI turns to the subject of government con. That exist in some states in which the question hasĪrisen as to whether design errors or omissionsĬonstitute a defect within the meaning of the statute. Section V briefly discusses highway-defect statutes Plan or design was prepared and/or approved in the That a transportation department is immune from aĬlaim that arises out of an alleged defective plan orĭesign of a highway or other improvement when the Plan- or design-immunity statutes generally provide ![]() Immunity in a few states may not be perpetual, state Governmental actions and decisions that involve theĮxercise of discretion. Utes are in addition to state statutes that immunize Nity for transportation departments and, in some Appen-ĭix B collects state statutes on plan or design immu. Statutes that are found in at least 18 states. Section IV discusses plan- or design-immunity Preparing or approving a plan or design that ulti. Section III analyzes cases in which transportationĭepartments have been held not liable for the per-įormance of discretionary functions, such as when Although there may beĮxceptions, such as for known hazardous conditions, Ment agencies for their actions that are discretion-Īry and therefore immune. Statutes and some cases on the immunity of govern. Nity is not addressed by statute, such as in a tortĬlaims act, the courts have held that governmentĪgencies have immunity at common law for theĮxercise of their discretion. Its immunity for certain claims, a transportationĭepartment still may have immunity when it exer-Ĭises its discretion in planning or designing public Section III explains that even if a State has waived Serve the Stateâs sovereign immunity with someĮxceptions or waive the Stateâs sovereign immunityīut retain exceptions or exclusions from liability. Immunity acts, or the equivalent that generally pre. States have enacted tort claims acts, governmental Ment for the precise claim being asserted. Waived the immunity of the transportation depart. The threshold question may be whether the State has Liability for design errors and omissions.1 As dis-Ĭussed in Section II, in actions against transportationĭepartments for a defective plan or design causingĪn injury to a motorist or other member of the public, The digest discusses transportation departmentsâ ![]() Because it is UNCORRECTED material, please consider the following text as a useful but insufficient proxy for the authoritative book pages.ģLIABILITY OF STATE DEPARTMENTS OF TRANSPORTATION FOR DESIGN ERRORS Below is the uncorrected machine-read text of this chapter, intended to provide our own search engines and external engines with highly rich, chapter-representative searchable text of each book.
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