When is the City of New York Liable for Personal Injuries?
In New York City, personal injury claims against the city are complex and subject to specific legal rules and procedures. While the City of New York, as a government entity, enjoys certain protections against lawsuits, there are several circumstances where it can be held liable for injuries sustained on its property or as a result of its actions. Awareness about when the city can be held accountable is helpful for any individual who suffers harm due to the negligence of city officials or employees.
Governmental Immunity and the Notice of Claim Requirement
New York City enjoys a special legal status known as sovereign immunity, which protects it from certain types of lawsuits. With that said, this immunity is not absolute. To sue the City of New York, plaintiffs must comply with a specific legal procedure outlined in the New York General Municipal Law Section 50-e.
This law requires anyone who intends to sue a municipal entity to file a Notice of Claim within 90 days of the accident or injury. Failure to file this notice within the prescribed timeframe may result in the dismissal of the lawsuit, even if the injury was due to the city’s negligence.
A Notice of Claim must include detailed information about the incident, the nature of the injury, the time and place where the injury occurred, and the way the city is alleged to have caused the injury. Once the city receives this notice, it has up to 90 days to either pay the claim or reject it, after which the plaintiff may file a lawsuit in court.
Types of Situations Where the City Can Be Held Liable
There are several key situations in which the city of New York may be held liable for personal injuries:
Negligence in Maintaining Public Property
New York City has a duty to maintain public property in a safe condition, including streets, sidewalks, parks, public buildings, and other city-owned premises. If an individual is injured because the city failed to maintain or repair public property, a claim may be filed against the city for the resulting injury.
Common examples include:
- Defective curb and sidewalks: If a person trips and falls on a broken, cracked, or uneven sidewalk that the city was responsible for maintaining, it may be liable for the injury.
- Negligent street maintenance: Accidents caused by potholes, improperly maintained roads, or construction-related hazards may result in liability if the city’s Department of Transportation failed to take corrective action.
- Unsafe public buildings: Injuries caused by unsafe conditions in city-owned buildings (e.g., falling debris, inadequate lighting, or broken elevators) could lead to claims.
Negligence by City Employees or Officials
When a city employee or official acts negligently while performing their duties, the city may be held liable under the doctrine of vicarious liability. This applies to injuries caused by police officers, firefighters, sanitation workers, or other city employees.
For instance:
- Police misconduct: If an individual is injured due to a wrongful arrest or excessive force used by a police officer, the city may be held liable for the actions of the officer under the legal theory of respondent superior (let the master answer).
- Negligent firefighting operations: If firefighters cause unnecessary damage while responding to an emergency, or if they fail to take reasonable precautions to prevent injury to the public, the city may be held accountable.
- Sanitation worker negligence: If a sanitation worker operates a vehicle recklessly and causes an accident, the city may be held liable for the employee’s actions.
Negligent Security in City Facilities
If a person is injured as a result of criminal activity that could have been prevented by proper security measures, the city may be held liable for failing to provide adequate security in public areas or city-owned buildings.
Examples of negligent security claims include:
- Assault or robbery in a poorly lit park: If the city fails to provide proper lighting or security patrols in a public park, and a person is assaulted, the city may be held liable.
- Inadequate security at public events: If a major public event, such as a parade or concert, is poorly staffed with security personnel and an attendee is injured as a result, the city may be liable for failing to ensure adequate safety.
Public Transportation Accidents
New York City operates one of the largest public transportation systems in the world, including subways, buses, and ferries. When a public transportation accident occurs due to the negligence of the city or its contractors, it may be held liable.
Common examples include:
- Subway accidents: Injuries caused by falls, train accidents, or hazardous conditions in subway stations may result in claims against the city’s Metropolitan Transportation Authority (MTA).
- Bus accidents: If a city bus is involved in an accident caused by driver error, improper maintenance, or lack of safety measures, the city could be liable.
- Taxi or ferry accidents: The city may be held liable for accidents involving municipal ferry services or other city-run transportation, such as Access-a-Ride.
Premises Liability at City Parks and Recreational Facilities
The City of New York owns and operates numerous parks, recreational facilities, and community centers. When a person is injured due to hazardous conditions at these sites, the city may be held liable for not maintaining the premises in a safe condition.
Examples include:
- Dangerous playground equipment: Injuries that occur on poorly maintained or defective playground equipment in city parks could lead to a premises liability claim.
- Lack of warning signs or barriers: If the city fails to properly warn the public about hazardous conditions, such as a wet floor or uneven surfaces, and an injury occurs, the city may be liable.
Medical Malpractice by City Healthcare Providers
The city operates several health care facilities, including hospitals, clinics, and mental health centers. Medical professionals employed by the city, such as doctors, nurses, and technicians, are held to the same standard of care as private practitioners. If they are negligent in providing medical treatment, the city may be held liable for medical malpractice.
Examples of potential medical malpractice claims include:
- Failure to diagnose: If a city-employed doctor fails to diagnose a serious medical condition or provides incorrect treatment leading to harm, the city may be liable.
- Surgical errors: Injuries caused by preventable surgical mistakes in a city-run hospital could lead to a lawsuit against the city.
- Medication errors: If a city healthcare provider administers the wrong medication or dosage, resulting in harm, the city could be held accountable for the mistake.
Sovereign Immunity and Exceptions
It is important to note that while New York City is generally protected by sovereign immunity, there are exceptions that allow for legal claims against it. One such exception is when the city’s actions or inactions constitute negligence, as outlined in the examples above. New York courts have also determined that municipalities are liable when they engage in proprietary functions (e.g., managing public hospitals, operating public transportation) rather than governmental functions (e.g., law enforcement). Under certain circumstances, the CIty can also be held responsible if they cause and create a defect.
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If you or a loved one has been injured due to the negligence of a government agency, it is time to take action. New York personal injury attorney Michael S. Lamonsoff, "The Bull," and his team at the Law Offices of Michael S. Lamonsoff are here to fight for your right to compensation.
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