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Full-Text Articles in Law
Defectively Designed Highways, Steven J. Erlsten
Defectively Designed Highways, Steven J. Erlsten
Cleveland State Law Review
There are many design standards, attitudes, and procedures which result in public highways with built-in design hazards and, when drivers are confronted with these hazards, the highways involved become laten tkillers. A defect of a highway by reason of its design will not be appa-ent to those unfamiliar with the problems of highway engineering. Thus, in the majority of accidents, the failing component is presumed to be the driver and little further investigation or thought is given to other factors. Highway fatality statistics prove that the driver cannot sustain the burden of correcting design shortcomings with driving skills, and an …
Brake Failure As Negligence Per Se, Otto J. Danker
Brake Failure As Negligence Per Se, Otto J. Danker
Cleveland State Law Review
Although numerous automotible accidents have been caused by brake failure, the courts have yet to concur on a rule as to the drivers' liability when the brakes fail without the driver's knowledge that they were defective. In Ohio, the driver is held to be negligent per se for the injuries resulting from an unforeseen brake failure.