What Rights Do You Have if Injured on Public Property?

If you get hurt on public property in New York, you have the right to seek compensation if negligence played a role in your accident. A New York accident lawyer can help you understand your options and protect your claim.

Public Property and Proving Your Case

Public property injuries are a type of premises liability issue, but they come with extra steps because the government is involved. You need to act fast, talk to a lawyer, and gather solid evidence right away. Local and state governments have a duty to maintain sidewalks, parks, roads, transit stations, and public buildings, and if a dangerous condition like a broken sidewalk, icy patch, pothole, or poor lighting causes your injury, and the government entity responsible for it either knew or should have known about the condition, you may have a valid claim.

You must show the public entity owed you a duty of care, breached it by failing to fix or warn about the hazard, and that this breach directly caused your injuries. Unlike with certain private property cases, you cannot assume liability just because you fell. In many cases, the key will be proving there was notice of the hazard. This can be actual (someone told the government about the issue, and there’s a record of that report) or constructive (the government should have known about it in the ordinary course of their regular checks). 

Special Rules When Suing Government Entities

Under New York General Municipal Law, you typically must file a Notice of Claim within 90 days of the injury. This written notice must explain the details of what happened, where, when, and the nature of your damages. If you don’t get this notice filed within that time limit, you usually won’t be able to bring a claim. Once you’ve filed notice, the city has 30 days to request a hearing. You usually have a year + 90 days to bring the actual lawsuit after you’ve filed notice, which is quite a bit shorter than the standard three-year statute of limitations for private premises liability cases. 

There are some exceptions where the courts will extend the 90-day limit, but under no circumstances can you go beyond the firm one-year + 90-day limit for bringing a lawsuit, and you should never count on getting an extension for that initial report. Furthermore, different agencies may have their own rules. For example, claims against the New York City Transit Authority or other public authorities involve additional notice requirements, while federal properties, like a post office, fall under the Federal Tort Claims Act, which has its procedures. Always check the specific entity involved and talk to an attorney quickly.

From a New York Accident Lawyer: Building a Strong Claim

• Work with experienced counsel who has brought suits against the city or state before
• Don’t talk to anyone other than your lawyer about the case
• Save every piece of evidence you have
• Keep a record daily of your pain levels and how your injuries affect your life
• Keep all doctor appointments and follow up on your treatment

You have real rights when injured on public property, but the process is time-sensitive, and there are extra hoops to jump through. Call us today at Miller, Montiel & Strano, PC at 516-363-5003 to discuss your situation. We have decades of experience fighting for injury victims like you and serve clients throughout New York City from our Garden City, NY office.

Posted in Uncategorized | No Comments »