New York Lawyers Fighting Government Negligence
The old saying "You can't fight city hall" is not true. In New York, there are special laws that permit negligence lawsuits for personal injuries against the state, county or local governments.
These types of municipal liability claims include:
- Auto accidents caused by faulty and dangerous roadway design or maintenance (such as allowing tree branches to obscure a stop sign)
- Injuries to children at school because of a bus accident, unsafe playground or failure to provide security
- Dangerous or defective railway crossings
- Injuries or death in auto accident involving a police vehicle or ambulance
Statute of Limitations
A personal injury or wrongful death lawsuit that claims negligence by a municipal government or a government employee or contractor must be filed sooner than almost all other injury claims.
Claims against New York State
An injury lawsuit against New York State must be filed and served upon the attorney general within 90 days after the happening of the accident. If notice of the intention to file a lawsuit is given to the attorney general within the first 90 days, the time limit to file and serve the actual lawsuit is two (2) years from the date of the accident.
If an accident results in death, the lawsuit against New York State must be filed and served upon the attorney general within 90 days after a court appoints a representative of the estate of the person who died. If notice of the intention to file a lawsuit on behalf of the deceased is given to the attorney general within the first 90 days, the time limit to file and serve the actual lawsuit is two (2) years from the date of death.
If neither the lawsuit nor notice was served on the attorney general within the 90 days, it might still be possible to file an injury or death lawsuit against New York State. Court of Claims Act § 10(6) permits the court to review an application to file the notice and lawsuit after the 90-day deadline and considers several factors, including whether the delay in filing the claim was excusable, whether the State had an opportunity to investigate the circumstances underlying the claim and whether the claim has merit.
Claims against school districts, county and local governments
Notice of a pending injury lawsuit against a school district, county or local government (such as most cities, towns and villages) must be served on the municipal defendant within 90 days after the happening of the accident. If the notice is served within the first 90 days, the time limit to file and serve the actual lawsuit is one (1) year and 90 days from the date of the accident.
If an accident results in death, the notice of a pending lawsuit against a school district, county or local government must be served on the municipal defendant within 90 days after a court appoints a representative of the estate of the person who died. If the notice is served within the first 90 days after the estate appointment, the time limit to file and serve the actual lawsuit is two (2) years from the date of death.
Even if the 90 days has expired and neither a lawsuit nor notice of a pending lawsuit was served on a school district or other local government, it may still be possible to file an injury or death lawsuit. General Municipal Law § 50-e allows a court to consider a request to allow service of a "late notice" of claim. In such an application, the court considers several factors, including the defendant or its insurance carrier had actual knowledge of the facts supporting the claim within the first 90 days and whether the delay in serving the late notice unfairly affects the municipal government's ability to defend the case.
If the injured person is under the age of 18, a common occurrence when a student is hurt at school or while involved in a school-related function, the law provides extra time for the notice and lawsuit to be filed against the municipal defendant. In some situations, the one year and 90 days does not begin to run until the injured party's 18th birthday.
Contact Powers & Santola today to schedule a free consultation with an experienced attorney regarding any injury or death caused by government negligence in New York.
