Negligence of Organization: Municipality
A municipality is any government unit, such as New York City, New York State, counties, towns, and villages. Government entities must uphold a standard duty of care, but when they’ve knowingly failed to do so and this negligence results in an injury, the injured party can file a lawsuit against the municipality. Organizations within municipalities include New York public schools, public hospitals, the New York Transit Authority, and any government-operated entity. At Leav & Steinberg LLP, we utilize our decades of trial and settlement experience to represent clients facing negligence of organization cases. If you’ve been injured because of a municipality’s negligence, you may be entitled to compensation.
What Happens If I Experience an Injury Because of a Municipality?
To file a lawsuit against a municipality, you must have suffered either economic (lost wages, medical bills, etc.) or non-economic damages (pain and suffering) that resulted from negligence or intentional actions by the municipality. Negligence of municipality cases may include (but are not limited to) the following:
- Failure to properly maintain city sidewalks
- City park hazards
- Faulty maintenance or construction of public structures, including monuments
- Insufficient police protection
- Inadequate training for the operators of public vehicles and transportation
- Improper operation or maintenance of city equipment
- Medical malpractice in a public hospital
- Injury at a public school
You should seek medical treatment after your injury as soon as possible. This will help you get an adequate assessment of your injuries, and it also allows you to collect vital evidence to support the claim that your injury was a result of negligence. Collect pictures of your injuries, photos of the site of the accident, documentation from a medical professional, and witness statements to build your case. Connecting with an experienced personal injury attorney promptly after your incident will help give them ample time to investigate and determine which of your rights were violated.
How Do I File a Notice of Claim Against a Municipality?
It’s crucial to work with an experienced attorney to ensure that all of the proper steps are followed in a municipality lawsuit—including filing a Notice of Claim. The Notice of Claim must include:
- Your name and address
- The name of your attorney
- Details of your incident, including the time it occurred and the location
- Documentation of all injuries resulting from the incident
- The damages you’re seeking
The document must be verified and filed within the statute of limitations. Generally, the first deadline is 90 days after the accident. After that, it’s one year and 90 days after the accident. The municipality or city may require the injured party to submit to questioning under oath, which is known as a 50-h hearing.