CASES AGAINST THE CITY OF NEW YORK AND OTHER MUNICIPALITY LAW
Municipal Liability cases are those against the state,
county, city or town. These claims often have special laws
and regulations that affect the rights of the plaintiff and
even in what court a claim must be brought. Liability of
a municipality can occur in many different situations.
One very important law affecting the responsibility of
municipalities concerns the short time period for bringing
a claim, much shorter than for claims involving other defendants.
Generally, a municipality must be given written notice of
a claim within 90 days of its occurrence. In addition, a
lawsuit against a municipality must be commenced within one
year and ninety days of the occurrence.
Perhaps the most frequent type of claim against a municipality
involves a sidewalk defect such as a crack, hole, broken
and uneven concrete or missing concrete. Generally, the municipality
must have prior notice of the defect before it can be held
liable.
Municipal liability also involves other areas in which
the municipality is providing services such as transportation,
for example, bus
and subway accidents. Premises liability
cases can be brought where the municipality, such as a housing
authority, owns or manages the property. When the municipality
operates a school it may be responsible for accidents and
incidents involving school children, teachers or other people
at the school.
Cases against the police department for police brutality,
excessive force or civil rights violations are also municipal
liability cases. These cases may involve the mistreatment
of suspects under police custody and the unjustified use
of deadly force. The shorter time periods for bringing a
claim also apply in these cases. |
