What is Municipal Liability?

Municipal liability deals exclusively with the rights and responsibilities of municipalities, including cities, states, towns or counties. According to municipal liability laws, city, town and state officials and workers are responsible for ensuring that residents and visitors are kept safe while using public property including

  • Streets
  • Highways
  • Sidewalks
  • Public transportation
  • Public parks
  • Swimming pools
  • Government buildings
  • Schools

Other types of municipal liability cases

Because it is the responsibility of the municipality to keep roadways safe, some car accidents fall under municipal liability. Potholes, inadequate guard rails, fallen trees and defective traffic signals can be the cause of such accidents and you can make a municipal liability claim.

If you are injured due to unnecessary use of force by police, you may be entitled to compensation for injuries and punitive damages. By the same token, if you are in the care of government-operated paramedics or EMS and receive further injuries during that time, you may be in a position to pursue a municipal liability case.

Hiring a municipal liability attorney

Any time people are injured while on public property, they may choose to file a lawsuit against the municipality for negligence. While you have up to three years to pursue most personal injury lawsuits in New York,  you typically only have one year and 90 days to file a personal injury lawsuit against a municipality.  Furthermore, before you file a lawsuit, you must first file a Notice of Claim against the municipality within 90 days of the occurrence.

Because the time is limited to only 90 days, if you’ve been injured on public property, you should seek the counsel of an experienced New York municipal liability attorney who, through experience, can help you determine if you have a valid municipal liability case and act quickly and decisively on your behalf.

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