Citation

Parker TL, Effland R, Walde MN. Accid. Reconstr. J. 2017; 27(3): pp 49-56.

Copyright

(Copyright © 2017, Accident Reconstruction Journal)

DOI

unavailable

PMID

unavailable

Abstract

In this article, the authors aim to assist state and local transportation agencies responsible for the construction and maintenance of sidewalks and other pedestrian facilities by addressing legal claims that relate to the these facilities. They also seek to address allegations of violations of the Americans with Disabilities Act (ADA) and lawsuits related to noncompliant facility maintenance by government agencies. The article offers an analysis of legal issues in relation to ADA claims and an analysis of numerous tort claims. Additionally, the authors describe types of defenses to sidewalk claims frequently noted in plaintiffs' survey responses and in verdicts and settlements.They offer an analysis and summary of data from the formal survey conducted by the Texas Transportation Institute and recommend several risk management strategies as a result of their data and research.

Language: en

Keywords

Pedestrian safety; Accessibility; Pedestrian areas; Americans with Disabilities Act; Adjudication; Court decisions; Tort liability