Mamaroneck Municipal Slip and Fall Accident Lawyer
Representing victims of slip and falls on municipal property
As pedestrians, we navigate the walking surfaces of our communities with the hope that our municipalities will take all precautions to ensure our safety. When we walk on the sidewalks, parking lots, and streets of our communities, we are walking on surfaces that should be maintained, free of hazards. In some cases, we are walking on surfaces that should be maintained by our municipality. Like every property owner, our municipality should be frequently monitoring and clearing hazards, including potholes, cracked surfaces, weather-related hazards, slippery substances, and more. When our village, town or city does not maintain the surfaces they are responsible for, they put pedestrians at risk. If you are injured on municipal property, you may be able to recover compensation for pain and suffering, medical bills, and lost wages. It is important to act quickly because you are limited in time to bring a lawsuit. If you have suffered injuries because of a dangerous or defective condition on municipal property, you should seek counsel from an experienced New York personal injury attorney. Contact the Law Offices of Jonathan D. Sands for a free consultation today.
Personal injury and the burden of proof
As in all personal injury cases, the burden of proof falls on the victim in an accident occurring on municipal property. If you are injured in an accident on municipal property, you must prove that your injury was caused by the negligence of the municipality, and that in nearly all circumstances, the municipality had prior written notice of the dangerous condition.
How municipal lawsuits differ
If you need to sue a municipality, you must act quickly. In fact, before you can even file a lawsuit, you must serve a Notice of Claim on the municipality no later than 90 days from the date of the accident. This Notice of Claim requirement is not required before bringing a lawsuit against a private landowner. Once the Notice of Claim is filed, the municipality may conduct a hearing pursuant to the General Municipal Law. If the municipality denies your claim or if it does not contact you further, you must then start your lawsuit no later than 1 year and 90 days from the date of the accident. This 1 year and 90 days is called a statute of limitation, and it is much shorter than the three-year statute of limitation within which to file a lawsuit against a private landowner.
Contact a Westchester County attorney with personal injury experience
Given the short time frames to serve a Notice of Claim and to then commence a lawsuit against a municipality, it is very important that you consult with an experienced New York personal injury attorney. For nearly 20 years, the Law Offices of Jonathan D. Sands has aggressively fought to pursue compensation for its injured clients. Please contact our office to discuss your case today.