This synthesis will be of interest to state DOT engineers, legal counsel, researchers, and administrators; transportation product development engineers, equipment manufacturers, and engineering and product manufacturer associations; state, regional, and federal product testing and evaluation centres; and attorneys of law interested in tort liability as it applies to highway innovations. The synthesis describes the current state of the practice for managing product liability to achieve highway innovations. Information for the synthesis was collected by surveying and interviewing state transportation agencies and private transportation related organisations and by conducting a literature search. Administrators, engineers, and researchers are continually faced with highway problems on which much information exists, either in the form of reports or in terms of undocumented experience and practice. Unfortunately, this information often is scattered and unevaluated and, as a consequence, in seeking solutions, full information on what has been learned about a problem frequently is not assembled. Costly research findings may go unused, valuable experience may be overlooked, and full consideration may not be given to available practices for solving or alleviating the problem. In an effort to correct this situation, a continuing NCHRP project, carried out by the Transportation Research Board as the research agency, has the objective of reporting on common highway problems and synthesising available information. The synthesis reports from this endeavour constitute an NCHRP publication series in which various forms of relevant information are assembled into single, concise documents pertaining to specific highway problems or sets of closely related problems. This report of the Transportation Research Board identifies and discusses specific tort and product liability problems and principles, the specific tort liability experience of public agencies in state DOTS, and the tort liability experience of private organisations involved in introducing new products to the highway market. In addition, details on the litigation risks of highway innovation, the perceptions and perspectives of public agency and private sector personnel, and the state-of-the-art methods to confront litigation risks are presented. Finally, methodological comparisons and a general tort and product liability overview are included in the appendices. To develop this synthesis in a comprehensive manner and to ensure inclusion of significant knowledge, the Board analysed available information assembled from numerous sources, including a large number of state highway and transportation departments. A topic panel of experts in the subject area was established to guide the research in organising and evaluating the collected data, and to review the final synthesis report. This synthesis is an immediately useful document that records the practices that were acceptable within the limitations of the knowledge available at the time of its preparation. As the processes of advancement continue, new knowledge can be expected to be added to that now at hand. (A)
Abstract