Lawyers Fighting Against the City for Negligence Claims Resulting in Injury
A cracked sidewalk, a faulty traffic light, or icy streets left untreated can cause serious injury. These are not minor oversights. They’re failures by the city to maintain safe public spaces, and the consequences can be devastating. When negligence affects public safety, it’s similar to medical malpractice cases.
Suing the city is complicated. Victims must prove negligence, follow strict deadlines, and face legal protections that often shield municipalities from liability. Experienced lawyers, such as New York medical malpractice lawyers and those handling city negligence claims, know how to navigate these obstacles.
Understanding Negligence by the City
Cities are responsible for maintaining safe public spaces. They have a duty to ensure that roads, sidewalks, and other public infrastructure meet safety standards. Negligence occurs when a city doesn’t uphold its duty to provide safe conditions, leading to accidents and injuries that could have been prevented.
In the U.S., falls caused by unsafe public spaces account for approximately 8 million emergency room visits annually, according to the National Floor Safety Institute. Poorly maintained sidewalks, for example, are a common cause. In New York City alone, the Department of Transportation reported over 12,188 claims and lawsuits against NYC related to sidewalk defects in a single year. This mirrors the volume of cases handled by New York medical malpractice lawyers, where patients pursue justice for preventable medical errors.
There are many ways city negligence can put people at risk:
- Unsafe sidewalks. Cracks, uneven surfaces, or missing pavement create hazards that can cause serious falls and injuries.
- Poorly maintained traffic signals. Malfunctioning or missing signals often lead to dangerous intersections.
- Negligence in public transportation. Poor upkeep of buses, subway platforms, or trains can result in slips, falls, and other injuries.
- Lack of timely snow or ice removal. The Centers for Disease Control and Prevention (CDC) reports that 1 million Americans are injured annually in falls due to ice and snow.
These issues have a direct impact on victims, much like medical malpractice cases. A fall caused by an uneven sidewalk could result in a broken hip, leaving someone unable to work for months. A collision at an unmarked intersection might lead to costly medical bills and emotional trauma. For many, these accidents also mean dealing with ongoing pain and financial strain while trying to recover.
Legal Framework for Suing a City
Cities are often protected by sovereign immunity, a legal doctrine that shields government entities from lawsuits in many cases. However, exceptions exist when negligence leads to preventable injuries, and these exceptions provide a path for victims to seek justice. The complexity of these cases often parallels the challenges seen in medical malpractice claims.
Laws Governing Claims Against Cities
To pursue a claim against a city, the law requires victims to follow specific procedures. The first step is filing a Notice of Claim, which informs the city of the injury and the intent to seek compensation. The process resembles filing a claim in medical malpractice cases, where documenting harm and proving negligence are critical.
In most jurisdictions, including New York, the Notice of Claim must be submitted within 90 days of the incident. This short window means that any delay can jeopardize the entire case.
Once the Notice of Claim is submitted, the city typically has 30 days to investigate the claim. During this time, the claimant may be required to attend a hearing where they provide testimony about the incident. After this preliminary process, victims may proceed to file a formal lawsuit if the claim is not resolved.
Statute of Limitations
The statute of limitations for lawsuits against cities is significantly shorter than for private entities. In New York, victims have one year and 90 days from the date of the injury to file a lawsuit. This contrasts with the 2.5 years commonly allowed for medical malpractice claims in New York.
Common Challenges
Suing a city involves unique hurdles that make these cases more difficult than typical personal injury claims:
- Sovereign immunity laws often protect cities from lawsuits unless specific exceptions apply. For example, a city may be immune from liability for discretionary actions, such as policy decisions. However, they may be held accountable for operational negligence, such as failing to maintain public sidewalks or roads.
- To succeed, victims must prove that the city:
- Had a duty to maintain safe conditions.
- Was aware (or should have been aware) of the hazardous condition.
- Failed to address the hazard in a timely manner.
- Caused the injury due to this failure.
- This can require substantial evidence, including maintenance logs, inspection records, witness statements, and expert testimony.
- In many cases, public spaces involve multiple entities. For example, a public park may be maintained by a city department but also involve private contractors. Determining who is responsible often requires a thorough investigation and legal expertise.
- Demonstrating negligence against a city often requires uncovering internal records, which may not be readily accessible without legal intervention.
Experienced lawyers, whether in city negligence or New York medical malpractice lawyers, ensure claims are filed correctly, deadlines are met, and evidence is compelling.
Negligence Claim Lawyer Near Me
Our offices are located in Brooklyn, New York, but we serve clients throughout the entire NYC Metro Area. We represent individuals in all five boroughs and are dedicated to helping victims of city negligence seek justice. Our law firm can meet you near me at your home, hospital, or any other location that works for you.
Let us guide you through the legal process and fight for the compensation you deserve. Our experienced New York medical malpractice lawyers and negligence attorneys are here to help. Contact The Rybak Firm, PLLC. today.
Call us at (718) 307-5554 or complete the contact form online to schedule a free consultation. We’re available 24/7.
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