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This webinar was co-sponsored by ASCE's Transportation and Development Institute(T&DI) and ASCE Continuing Education
Instructor: Nazir Lalani, P.E., M.ASCE
Course Length: 90 minutes
Purpose and Background
The intent of the webinar is to improve Public Agencies, Civil Engineering Design Firms and Contractors and attorneys practices to improve their defense and reduce future claims. This can be done by being aware of certain design elements that frequently expose cities to liability, or create unnecessary risk. The webinar is about preparation of design plans, deployment of traffic control devices and operational/maintenance issues that frequently are overlooked or ignored, and end up causing litigation challenges in court.
Although the cases discussed will involve lawsuits resulting from highway design, the information provided will help civil engineers involved as witnesses in various types of litigation. This webinar will also focus on tort liability litigation practices and cases involving the exercise of discretion in design and try to provide a framework for determining successful strategies employed when dealing with design decisions, especially when made following the principles of context sensitive solutions. The most recent sources of information will be identified through a list of references and participants can obtain additional information on a variety of topics through links that will be provided in the webinar material. The webinar will be interactive so participants will be asked questions by the presenter thereby increasing the benefits gained from the information presented in the webinar. Participants will also be asked to respond to multiple choice poll questions.
Primary Discussion Topics
- Basis for Design Immunity
- Preparing Declarations for Motions for Summary Judgement
- What About Allegations of Dangerous Conditions
- Subsequent Remedial Measures
- Records Management and Making the Best Use of the Evidence
- What About The Role of Law Enforcement
- Problems Public Records Requests Generate
- Lessons Learned from Case Studies
- Learn from Questions Asked by the Presenter to the Participants and Their Responses
Learning Outcomes
Upon completion of this course, you will be able to:
- List at Least Three Concepts of Liability for Design of Public Infrastructure.
- Recognize The Five Most Important Points about Document Production, Responding to Public Records Requests, Special Interrogatories, Request for Admissions.
- Identify About at Least Five Tort Liability Litigation Practices
- Determine How Highway Design Practices are Challenged in Three Cases
Webinar Benefits
- Improved Understanding of The Tort Liability Process
- Improved Understanding Legal Terminology
- Where Context Sensitive Designs Fit In
- Gain Access to Additional Resources and References
- Learn from Actual Cases - What Went Right or Wrong for All Parties Involved
Assessment of Learning Outcomes
Students' achievement of the learning outcomes will be assessed via a short post-assessment (true-false, multiple choice and fill in the blank questions).
Intended Audience
- Transportation Engineers/Planners
- Highway Designers for All Types of Facilities
- Law Enforcement Officers
- Insurance Company Claims Processors
Webinar Outline
- Legal Basis for Defense (Design Immunity)
- Design Immunity Defense - Does it Work?
- Design Documentation Current Practices
- Where do Context Sensitive Designs Fit In?
- Mitigation Measures for Design Exceptions
- Motions for Summary Judgement (MSJs) Including Preparation of Declarations
- How to deal with Opposition to Motions for Summary Judgement
- Depositions on Motions for Summary Judgement Declarations
- How to Deal with Allegations of Dangerous Conditions
- Making the Best Use of the Evidence
- Subsequent Remedial Measures and Records Management
- The Role of Law Enforcement
- Processing Public Records Requests Effectively
- Voir Dire Tactics Used on Public Agency Employees
- How Risk Management Impacts Maintenance and Operations
- Lessons Learned from Case Studies
How to Earn your CEUs/PDHs and Receive Your Certificate of Completion
To receive your certificate of completion, you will need to complete a short on-line post-test and receive a passing score of 70% or higher within 1 year of purchasing the course.
How do I convert CEUs to PDHs?
1.0 CEU = 10 PDHs [Example: 0.1 CEU = 1 PDH]