Legal Problems Arising out of Highway Programs. Topic 22-02. Liability of State Departments of Transportation for Design Errors

How can a State DOT protect itself from liability arising from infrastructure design and product errors and omissions? State DOTs provide specifications and review, accept and/or approve designs and products. How has litigation defined the DOTs’ liability for errors in such infrastructure and product or materials designs? The research should include public and general construction law, professional liability law, and professional liability and comprehensive general liability insurance coverage issues. The research should also include the impact of product warranties. It should also explore any legal distinction between the DOT’s liability for accepting or approving a product or design and/or placing a product on an approved products list. The research should define and explore the scope of a DOT’s right to ban a product or design which it has previously approved. What is the effect of false representations/lack of disclosure for design defects?


  • English


  • Status: Completed
  • Funding: $50000
  • Contract Numbers:

    Project 20-06, Topic 22-02

  • Sponsor Organizations:

    National Cooperative Highway Research Program

    Transportation Research Board
    500 Fifth Street, NW
    Washington, DC  United States  20001

    American Association of State Highway and Transportation Officials (AASHTO)

    444 North Capitol Street, NW
    Washington, DC  United States  20001

    Federal Highway Administration

    1200 New Jersey Avenue, SE
    Washington, DC  United States  20590
  • Performing Organizations:

    The Thomas Law Firm

  • Start Date: 20150804
  • Expected Completion Date: 20160904
  • Actual Completion Date: 20160904

Subject/Index Terms

Filing Info

  • Accession Number: 01725141
  • Record Type: Research project
  • Source Agency: Transportation Research Board
  • Contract Numbers: Project 20-06, Topic 22-02
  • Files: TRB, RiP
  • Created Date: Dec 16 2019 3:09PM