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Municipal Liability

Municipal liability cases are those against the state, county or city. They can involve employees and/or agencies of the municipality such as the police department, the board of education and the department of environmental protection. The most common types of cases against a municipality are those involving sidewalk defects. Generally, the municipality must have at least 15 days notice of the defect before the accident occurs.

Municipal liability can also include cases against the transit and housing authorities. Such cases can involve accidents on train station platforms and stairways; accidents while a passenger on a city bus; and accidents as the result of improper maintenance of housing authority properties. These accidents can involve a slip or trip and fall, falling ceilings and toxic mold cases. Police brutality and excessive force cases include those concerning the mistreatment of suspects before and after an arrest, injuries and/or death occurring to persons while in police custody and unjustified use of deadly force by police officers.

Generally, the time period for filing a claim against a municipality is much shorter than for other types of actions. It is generally within 90 days from the date of the occurrence. Beware, as there are exceptions where the time periods are even shorter.

Any government entity that owns or occupies properties has a responsibility to tell the public about any dangerous conditions on these properties as well as to fix the conditions in a timely manner. However, with New York being such a busy city, and despite the high cost of taxes for the upkeep of city streets and buildings, many of these hazards are not fixed until it is too late and someone slips and falls on the New York street or worse. The statute of limitations on municipal liabilities in New York is short and that victims have little time to make their claims.

Anytime that there are sidewalk defects, incorrect usage of a city-owned vehicle, police assaults or excessive force, or hazards in public parks, the city is responsible. If you have been injured by a slip or trip and fall, toxic waste, police brutality, or other accident on city property, including on city buses and trains, you may be entitled to compensation. If you are the victim of municipal liability in New York and suspect that the city might be at fault, call the municipal liability attorney of New York, Polanco & Associates, PLLC to make your claim as quickly as possible.

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