New Yorkers find themselves on municipal property every day, whether they realize it or not. Municipal property can include village, city, or state owned parking lots, streets, and sidewalks. Unfortunately, if the property is not properly maintained, it might become unsafe and a pedestrian may find themselves injured on that property. Perhaps there was a pot hole that was not fixed and someone fell in it or the town neglected to put salt down on the sidewalk when it froze and a pedestrian slipped. These types of mistakes can cause the injured person to need surgery, have high medical bills, and be out of work for weeks or months.
In a situation where a person was injured on municipal property, they may want to bring a lawsuit against the munipality. In order to do so successfully, the injured person will have to file a Notice of Claim within 90 days from the date the accident occurred that notifies the municipality of your intent to bring a lawsuit against them. A Notice of Claim is what makes an accident on a municipality different than an accident that takes place on the property of a private landowner, such as a neighbor. In addition, just like any other personal injury lawsuit, the injured party will be required to abide by the Statute of Limitations. This means that they will have to file their personal injury lawsuit within 1 years and 90 days from the date of the accident. Please note that this is different from the 3-year statute of limitations that exists when you are bringing a personal injury lawsuit against a private landowner.
If you have been injured on municipal property, you should contact an experienced personal injury attorney who can provide you with assistance.
If you are in need of legal counsel in regards to a personal injury or workers’ compensation case in New York state, please contact The Law Offices of Jonathan D. Sands and we would be happy to assist you.