LIABILITY BE DAMNED: LET'S DO THE RIGHT THING

This paper was intentionally titled to grab the attention of the most conservative transportation professionals. Far too frequently, transportation facilities are designed with the fear of a lawsuit as a primary contributor to the project development process. Liability is not the sole factor; if it were, transportation facilities would never be built because every new facility exposes the responsible agency to increased liability risk. So while on one hand, transportation professionals have found ways to construct new transportation facilities despite concerns about liability, we allow liability to drive many of the design details. This paper outlines a general process for considering the use of non-standard designs. It is predicated on the fact that you, the readers, are most likely transportation professionals. The paper describes how transportation professionals are charged with conceiving, constructing, operating and maintaining transportation facilities. While it is also the responsibility of transportation professionals to protect themselves and employers from lawsuits, this is should be secondary to serving constituents, the traveling public.