If one of my clients is injured on a sidewalk or on a roadway, one of the first things we have to establish is, if it’s a sidewalk that is owned by a municipality, if was there prior written notice. In order to maintain a claim against a municipal entity for a fall on their sidewalk, the rules are a little different in New York City, but generally outside of New York City in the rest of the state, we have to establish there was prior written notice of the defect. We do that by gathering information from the local municipality about whether anyone else has fallen there, whether anyone has filed a notice of claim for having fallen there, or whether anyone has reported a dangerous condition in a letter to the Department of Public Works or someone else in the village. Without prior written notice against a municipality, there is no claim that will be successful. However, a prior written notice is not required for a claim against a private landowner, but it is for a municipal landowner. Prior written notice is an important determining factor of the eligibility of the lawsuit that you can bring in a case such as one where a person gets injured on a city-owned sidewalk.
If you are in need of legal counsel in regards to a personal injury in New York, please contact The Law Offices of Jonathan D. Sands and we would be happy to assist you.