Analysis of Risk Management and Tort Liability for Roadway Lighting Design
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1997-12-01
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Edition:Interim Research, September 1996 - December 1997
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Abstract:The purpose of this phase of the STV study was to identify the State of Texas' exposure to liability due to roadway lighting design. This report covers an exhaustive search of case law, regulation, and policy with respect to a public entity's responsibility for the design and construction of public facilities. It finds that the doctrine of sovereign immunity generally protects the State against claims of faulty design. However, this protection has not been tested for roadway lighting in court. The report recommends that any wording adopted in roadway lighting design policy reinforce the design engineer's option to select the best design method for the project at hand. It also recommends that roadway lighting design documentation be called "guidelines" rather than "standards" to reduce the possibility of future law suits alleging the failure to follow a published "standard" in roadway lighting design.
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