Liability and CSS

Compromising safety, failure to use professional judgment, and similar issues that carry professional liability and that could encourage lawsuits have been constant concerns and companions to all discussions of Context Sensitive Solutions.  Yet liability appears to be a manageable issue.  Most legal experts agree that context-sensitive solutions will not cause the engineer problems as long as they are well reasoned and comprehensively documented.

Excerpt IconExcerpt Tort Liability, Design Exceptions, and Risk Management and Overview of Tort Issues
In tort liability, agencies are faced with defending their actions such as design decisions in the face of lawsuits stemming from traffic crashes. Six principle issues must be resolved in court. more...
from  NCHRP Report 480: A Guide to Best Practices for Achieving Context Sensitive Solutions
Excerpt IconExcerpt Tort Liability
Tort liability: definition and procedures according to AASHTO Green Book, federal highway and state regulations. Impact of tort liability procedures on innovation.  more...
from  Flexibility in Highway Design
Article Icon Article / Paper / Report Context-Sensitive Design: Will the Vision Overcome Liability Concerns?
[CSS/CSD] "is a process that results in a transportation project reflecting community consensus on purpose and need, with project features addressing equally safety, mobility, and preservation of scenic, aesthetic, historic, and environmental resources. It involves policy judgments in the balancing of competing interests. "There has continually surfaced a nagging concern, even fear, that increased exposure to tort liability would result should design standards or guidelines be "flexed" because it would mean compromising safety. This lecture addresses this liability concern together with the challenge of balancing safety with other considerations in the design process."
--  Transportation Research Board (TRB)

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