• 2006 - Roadways, Streets, and Sidewalks – Duty of State or Political Subdivisions
  • C-16.00
    • Adjoining Landowners
    • Highways And Roadways
    • Negligence
    • Public Entities
    • Streets And Sidewalks
    • Tort Liability
    • Tort Liability
  • [The State] [A political subdivision] has the power, granted to it by law, to lay out, establish, open, alter, repair, clean, pave, or otherwise improve and regulate the use of roadways, streets, and sidewalks and to regulate their use for public travel within the [State] [political subdivision].

     

    In exercising this power [the State] [a political subdivision] must use reasonable care to maintain the [roadways] [streets] [sidewalks] in a reasonably safe condition for use by the public and must guard against unreasonably dangerous conditions which can be foreseen in the exercise of reasonable prudence and care. The [State] [political subdivision] is held to the same standard of care expected of private persons in the conduct of their business involving a like danger to others. This means that the [roadway] [street] [sidewalk] must be maintained in reasonably safe condition in view of all the circumstances, including the likelihood of injury, the seriousness of the injury, and the burden of avoiding the risk.

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    • 12.1-14-01
    • 32-12.1-03(1)
    • Belt v. City of Grand Forks, 68 NW2d 114, 119-20 (
    • Boudreau v. Estate of Miller, 2000 ND 30, ¶ 7, 606 NW2d 514, 517-18 (case involving a county)
    • Clark v. Stoudt, 12 NW2d 708 (ND 1944)
    • DeLair v. County of LaMoure, 328 NW2d 55, 62 (ND 1
    • Diegel v. City of West Fargo, 546 NW2d 367, 370 (ND 1996)
    • Fast v. State of ND, 2004 ND 111, ¶ 8, 680 NW2d 265, 268
    • Maloney v. City of Grand Forks, 15 NW2d 769, 773 (
  • Notes: See Clark v. Stoudt, 12 NW2d 708 (ND 1944) for fault of occupant of abutting property. For cases involving accumulation of ice and snow, see C - 16.10 (municipalities).