A plaintiff in a negligence claim must establish causation by evidence and the trial judge must make a positive finding on causation; it is not sufficient to assume that a different design would have prevented the accident. The non-feasance rule protects highway authorities from liability for failure to upgrade existing infrastructure. Compliance with applicable standards (NAASRA) is an important evidentiary fact in assessing negligence but is not necessarily determinative. The foreseeability of harm must be assessed by reference to the circumstances existing at the time of the alleged negligent act, not at the time of the accident.
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