Because the gratuitous rider situation, and others, provide a need fora clear rule as to the standard of care required of a governmental agency with regard to highway signing and because the results of present cases seem to be at great variance, this paper is presented as an attempt to set forth and clarify the existing standards and to propose a practical rule for uniform adoption. Thus, the material below is confined to a study of only the standard by which the adequacy of highway signing is measured in determining the liability of a governmental agency upon an allegation naming the inadequacy of that signing as a proximate cause of damage. The reader is reminded that many collateral issues (i.e. contributory negligence of the claimant, lack of knowledge of the "hazardous condition" by the agency, and temporary control of the highway by an independent contractor) enter the picture in determining ultimate liability.
Robert C. Egger,
Governmental Liability for Inadequate Traffic Sign,
19 Clev. St. L. Rev.
available at http://engagedscholarship.csuohio.edu/clevstlrev/vol19/iss1/17