Municipal Liability

States, counties, cities and other public entities (i.e., the USA, towns, villages, etc.) that own or occupy property also have responsibilities to be aware of dangerous conditions on their premises and to take reasonable actions to alert the public and correct the situations in a reasonable amount of time. This is known as municipal liability.

Accidents that occur on municipal property most often involve slips and falls caused by broken sidewalks and potholes. However, all of the above listed causes can lead to accidents on municipal property. Municipal property can also include premises owned or occupied by housing and transit authorities, including subways and buses, subway stations, bus shelters and housing projects. It is important to note that there are strict guidelines and time limits involved when filing a claim for damages against a municipality, particularly in New York City.

Currently, New York City cannot be held liable for slip and fall or trip and fall accidents that occur on city property unless the City had prior written notice of the defect that caused the accident (or if the City knowingly caused or created the defect through construction, etc.). For New York City to be considered at fault for an accident caused by a broken sidewalk, it must have had written complaints regarding that portion of the sidewalk on record for at least fifteen days prior to the accident.

The Big Apple Pothole & Sidewalk Protection Committee, initially formed by the New York State Trial Lawyers Association, is an organization that actively examines New York City sidewalks, curbs and crosswalks, and documents defects accordingly. These findings are then presented to New York City to serve as prior written notice of potential hazards, thereby satisfying the City's prerequisite to liability. The lawyer handling your personal injury claim should have access to information sources like the Committee's maps and reports in order to maximize your likelihood of success and recovery.

Even with the City's liability established, a person injured in a slip and fall or trip and fall accident on municipal property must file a Notice of Claim within 90 days of the accident. Failure to file a claim within 90 days can void your ability to recover damages. After a claim has been filed against the city, the injured party (in most circumstances) has one year and 90 days from the date of the accident to file a lawsuit. Again, failure to file a lawsuit in the allotted time can void your ability to recover damages (if the time limit passes you should still contact an attorney to whether you have a viable action).

Schwartzapfel Truhowsky Marcus Sachs P.C. is a firm that fights for the rights of those injured in slip and fall or trip and fall accidents. Our legal team has handled an impressive volume of these personal injury cases and has a thorough understanding of how to maximize your likelihood of success and recovery. We have access to medical and technical experts who can investigate the circumstances of your accident, demonstrate the fault of the responsible party and substantiate the damages you suffered. These measures include obtaining statements from the parties at fault before they have a chance to speak with their insurance company or lawyer and recording eyewitness accounts while the event is still recent.

Our team, which includes engineers and other experts, will thoroughly examine the physical conditions that led to your accident, including inspecting the accident site and obtaining comprehensive weather reports (if inclement weather or ice/snow contributed to your accident). We will gather the necessary evidence to demonstrate wrongdoing, such as police reports, photos and hospital records. In addition, our lawyers are experienced in bringing claims for damages against municipalities. We can lead you through the often-confusing regulations regarding municipal liability and help you submit you claims in a timely manner. We will fight to protect your legal rights and ensure that you continue to receive the medical care and treatment you need while your case progresses.

If you have been injured in a slip and fall or trip and fall accident or if you simply need more information, please contact us immediately at 800-966-4999 and see why our law firm has recovered over $100 million on behalf of our clients.

Schwartzapfel Partners

With over 150 years of combined experience and highly competent co-counsel throughout the country, we can serve all your legal needs. Schwartzapfel Partners protects the rights of those who aren't able to do so themselves. Learn More

Gender: Male Female

In what state did the incident occur?

Schwartzapfel Truhowsky Marcus
Sachs P.C. disclaimer.