State Limitations on Tort Liability of Public Transit Operations

TRB's Transit Cooperative Research Program Legal Research Digest 3: State Limitations on Tort Liability of Public Transit Operations examines 1) governmental immunity for actions that are discretionary in nature; 2) immunity for governmental functions; 3) expanded duties of transit operators; 4) other limitations on awards; and 5) alternative approaches to remedying the problem of excessive tort liability.

This report is organized as follows:
(I) Introduction;
(II) State and Local Immunity Statutes in Relation to Public Transit Agencies;
(III) Substantive Limitations on Tort Actions Against Public Transit Agencies;
(IV) Discussion of the Governmental- Proprietary Test of Immunity;
(V) Duty and Degree of Care Owed to the Traveling Public;
(VI) Procedural Limitations on Actions or Recoveries in Tort Against Public Transit Agencies;
(VII) Other Matters of Interest to Public Transit Agencies (A. Transit Agency's Compliance with Federal and State Laws and Regulations and B. Significance of Insurance Coverage in Tort Actions);
(VIII) Changes in the Law That Would Reduce Tort Liability; and
(IX) Conclusion.