How will the reasonable standard of conduct from road construction companies be judged?
As discussed in an earlier post, the courts will avoid taking an armchair approach. They will carefully scrutinize the conduct that brought about the damage with reference to the exact circumstances that existed at the time of the incident. They will measure the conduct of the construction company to a reasonable standard – that of other construction companies in the same position. If another construction company would have foreseen the possibility of the consequence occurring – and have taken steps to avoid the consequence, then the failure to do so would be deemed to have been negligent. If other construction companies would have done no more – the construction company adjudicated would be held not to have been negligent. The courts will also consider “industry standards” of reasonable conduct. These are universally accepted safety standards in the road construction industry. Without clear and justifiable explanation for not following these industry standards – the failure to impleme
Related Questions
- My entity has financial control over the forests that it owns, but it relies on contractor companies to conduct operations. How would I report these contractor operations?
- How do the asphalt layers for the trail compare with layers in road construction projects?
- How can I learn about current road construction projects?
