Tort Liability: Special Problems Encountered by Highway Agencies and Contractors in Designing Work Zone Layouts

The principles of tort liability apply generally, whether the case is one of design, maintenance, or construction. All case principles are, therefore, applicable and lessons may be learned from nonconstruction zone cases. In another sense, however, construction zones present special problems in that they are at variance with the motorist’s normal expectations. Thus, adequate warning devices and barrier safeguards are required. The question of adequacy in tort law discussion usually takes place in the negative, which further complicates the subject. That is to say, most of the cases discuss what is not adequate; what is adequate remains a vague item in terms of legal discussion. In light of this, this paper discusses some general principles, some considerations involving federal regulations or programs, and some recent cases that provide first-hand knowledge of judicial treatment of the topic at hand. (Author)