Liability and Street Reclaiming

David Engwicht
 
The major objection I get to street reclaiming is liability. Yet exactly the same issue was raised when I first promoted traditional traffic calming. After all, traffic engineering had been based on removing anything that hindered the quick passage of vehicles, not putting obstacles in their way. The key to resolving the liability issue back then was for engineers simply to demonstrate to the courts that these changes would make streets safer rather than more dangerous.

There is no doubt that when street reclaiming is first introduced in a city that there may be some test cases. But I believe these cases will be defendable on increased safety grounds (just as traffic calming was) and this will establish a new precedent. It would be argued that street reclaiming is simply a more advanced form of traffic calming.

In fact, there may be a strong case for a liability action against cities that fail to introduce programs like the Pace Car and street reclaiming. A class action suite on behalf of pedestrians killed by speeding vehicles could argue that a city was negligent in not introducing programs that could have prevented a proportion of these deaths and injuries. (This web site may even be cited as evidence that the city had access to the necessary knowledge.)

Liability actions are unavoidable in our litigious society. However, maintaining the status quo no longer guarantees immunity. The status quo currently results in thousands of people being killed and maimed. Society has a right to demand that authorities do their uttermost to reduce this to a minimum.

One way I believe cities can minimize their liability exposure while still encouraging resident involvement is through the use of the 'blank canvas' approach to design. This is where the city designates the physical location and dimensions of reclaiming devices (ensuring that safety is not compromised) but leaves it up to residents what they put in these prescribed spaces. For example, if residents want to create an ever-changing entryway, the city may erect a pole on either side of the street and connect them with an upper and lower 'guide-wire'. They may even attach some kind of frame on the sides of the poles. Residents can then place whatever they choose within this prescribed space.

For more information on why street reclaiming reduces deaths and injuries see the article Does Intrigue and Uncertainty Compromise Safety?