New York City’s vast public infrastructure—from its millions of square feet of sidewalks to its parks, roads, and public buildings—is the backdrop of our daily lives. We rely on various city agencies, such as the Department of Transportation (DOT) and the MTA, to maintain this infrastructure in a safe and usable condition. But when these agencies fail in their duty and their negligence leads to serious personal injury, victims find themselves in a daunting position: they must sue the city itself.

Filing an NYC municipal negligence claim is not like suing a private citizen or company. The process is governed by a unique set of rules and incredibly strict deadlines designed to protect the government. This guide will outline the critical steps you must take to hold the city accountable. O’Connor Law Firm has extensive experience navigating these complex claims and fighting for the rights of those injured by municipal negligence.

Understanding Municipal Negligence in New York City

Municipal negligence is a legal term for an injury caused by a city agency’s failure to maintain public property or by the negligence of a city employee acting within the scope of their employment.

Common examples of municipal negligence include:

• Injuries from large potholes or roadway defects that the DOT failed to repair.
• Trip and falls caused by badly broken or uneven public sidewalks.
• Accidents resulting from poorly maintained park equipment or pathways.
• Injuries caused by defective traffic signals or inadequate street lighting.
• Harm resulting from negligent security in public housing buildings.

A unique challenge in many of these cases is the “prior written notice” rule. For certain types of defects, like a broken sidewalk or pothole, you generally cannot sue the city unless you can prove that the specific city agency had been given prior written notice of that exact defect and then failed to correct it within a reasonable time.

The Strict 90-Day Deadline: Filing a Notice of Claim

The single most important rule in any case against the city is the Notice of Claim deadline. Due to a legal concept called “sovereign immunity,” which historically protected governments from being sued, you must be granted permission to file a lawsuit. To do this, you are required to file a formal document called a Notice of Claim with the proper municipal entity, typically the NYC Comptroller’s Office, within 90 days of the date of the accident.

This is not a suggestion; it is an absolute requirement.

If you fail to file this document correctly and on time, you will almost certainly lose your right to sue and recover any compensation, regardless of how severe your injury is or how clear the city’s negligence was. After the Notice of Claim is filed, there is a subsequent deadline for filing the actual lawsuit, which is generally one year and 90 days from the date of the incident.

A calendar with the 11th of the month circled in red to highlight the strict deadlines involved in an NYC municipal negligence claim.

6 Crucial Steps After an Accident on City Property

Given the unforgiving deadlines and complex rules, the actions you take immediately after an injury are critical to preserving your rights.

1. Prioritize Safety and Seek Immediate Medical Attention. Your health is paramount. A prompt medical evaluation also creates an official record of your injuries.
2. Document the Scene Thoroughly. Use your phone to take extensive photos and videos of the defect that caused your injury. Include wide shots to show the location and close-ups of the hazard. If possible, use a ruler or common object (like a coin) for scale. Timestamps are crucial.
3. Identify and Collect Witness Information. If anyone saw the accident or the hazardous condition, get their name and contact information. Their testimony can be invaluable.
4. Do NOT Give Recorded Statements. City representatives or investigators may contact you. Do not provide any statements, written or recorded, without legal counsel present.
5. Keep Detailed Records. Maintain a file with all of your medical records, bills, receipts for related expenses, and notes about how the injury has impacted your daily life.
6. Contact a Specialized Attorney Immediately. This is the most important step. Because of the 90-day deadline, you cannot afford to wait. An attorney specializing in NYC municipal negligence claim cases will ensure your Notice of Claim is filed correctly and on time.

Types of Compensation Available in an NYC Municipal Negligence Claim

If your claim is successful, you can seek compensation for the full scope of your damages.

• Economic Damages: This includes all past and future medical expenses, lost wages, and costs for future care.
• Non-Economic Damages: This compensates for your physical pain and suffering, emotional distress, and the loss of enjoyment of life resulting from the injury.

As in other personal injury cases, New York’s pure comparative negligence rule applies. Your compensation will be reduced by any percentage of fault assigned to you for the accident.

Your Advocate Against the City’s Negligence

Fighting city hall is a daunting prospect. The legal hurdles are high, and the deadlines are absolute. Attempting to navigate this process alone is extremely risky. You need an experienced legal representative who understands the system and can act quickly to protect your rights.

The attorneys at O’Connor Law Firm are not intimidated by the prospect of taking on city agencies. We have the knowledge and experience to handle these complex claims and fight for the residents of Staten Island. If you have been injured on city property, do not delay. Contact us immediately for a free consultation.