The Public Duty Defense to Tort Liability

State highway departments and transportation agencies have a continuing need to keep abreast of operating practices and legal elements of specific problems in highway programs. This report is a new paper which continues NCHRP's policy of keeping departments up to date on laws that will affect their operations. This paper will be published in a future addendum to Selected Studies in Highway Law. The contents are as follows: Introduction; Origin and Nature of the Public Duty Doctrine; The Relationship Between Public and Private Duties, Governmental and Proprietary Activities, and Discretionary and Ministerial Functions; Liability and Immunity Distinguished; Police Protection Cases; Fire Protection and Building and Safety Inspection Cases; Highway Cases; Proposed No Duty Analysis in Highway Design Cases; Conclusion; and Appendix: States That Have Rejected the Public Duty Doctrine.