Governmental entities have a nondelegable duty to provide safe roadways. This duty carries with it a number of important obligations including that the roadway be constructed in a proper fashion; that hazards that become evident over time be addressed; and that, in certain circumstances, the road be reconstructed altogether to take account of evolving design standards. Personal injury cases arising from defective or unsafe roadways can present complicated legal and factual issues. In this column, we discuss several of the most common legal issues that arise in roadway cases.
Qualified Immunity
One of the most significant questions in a roadway defect case will be whether the governmental entity can assert a defense of qualified immunity. This defense may apply if a roadway was designed, or a traffic plan was instituted, through an exercise of reasoned discretion, and after specific consideration of the safety concerns presented by the plaintiff’s case. If qualified immunity applies, a court may defer to the government’s safety decision-making analysis, unless it was objectively unreasonable.
