The impact of tort liability on the provision of transportation services

The general duties and the law of negligence are discussed, and the 4-point test that must be satisfied in establishing negligent conduct is described. General guidelines that have been developed in seeking to satisfy this test are presented. The importance is emphasized of being aware, documenting, and establishing priority lists for repair work. The need for professionalism and the importance of ethics are noted. The points discussed are illustrated by the discusion of the case of Ofstedhal v. City of Phoenix, 628 P. 2d. 968 (Arizona, 1981). Approaches are being proposed in the area of tort reform. These include the limitation of the amount of recovery in court cases, and those that address the current system of contingency fees. Alternative means of resolving disputes, and the discouraging of frivolous suits by fining attorneys filing such suits are also noted.