Citation

Somerville WB. Transp. Res. Rec. 1974; 523: 25-30.

Copyright

(Copyright © 1974, Transportation Research Board, National Research Council, National Academy of Sciences USA, Publisher SAGE Publishing)

DOI

unavailable

PMID

unavailable

Abstract

Statutes of limitation of 43 states and the District of Columbia may bar a claim against a highway design engineer. If the design engineer is not protected from claims of third parties by state statute, he or she may have no liability if the design and the structure were completed and accepted by the owner. In determining whether the design engineer may be liable to claims of third parties, that is, the traveling public, 5 questions are to be evaluated. Did the design engineer owe a duty to the public? Was the duty continuing in nature? Was there a breach of the duty? Did the breach of the duty constitute a "public nuisance"? And, did the breach of duty cause or materially contribute to the events giving rise to the claims? Should a claim be made against a design engineer as the result of a skidding accident, drawings, records, and files are the most important defense tools. He or she should always retain the owner's instructions, his or her calculations, and research into design criteria on each project because this material is the record that will determine whether he or she will be exposed to liability.

Language: en