Can I sue the City? Can I sue the State? Important things to know when suing a municipal defendant.

What happens when  you slip and fall on a sidewalk in your Town, City or Village in New York due to the negligence of that municipality? What happens when your Kindergardener falls off monkey bars that clearly state 8 years and up during their physical education period? What happens when you slip and fall in between an extra wide gap when boarding your subway or train? Who do you sue? How do you sue them?

According to New York Law you need to make a Notice of Claim (Cities, Educational Departments, Public Authorites) or a Notice of Intent to Sue (The State) within 90 days of the date of the accident. The Notice of Claim or Notice of Intent to Sue needs to be sent by certified mail or served like a summons to the correct office that is responsible for receiving such notice. If you fail to do so you can be barred from suing those entities.

The notice of claim also has to give the municipal entity enough information so that they can do a good faith investigation of the place that  you fell. Photographs, accident reports and other  identifiable information must also be given to the municipality. 

After the Notice of Claim was served on the municipality, that municipality can make you do a pre-suit deposition where an attorney for the municipality can ask you questions under oath regarding your accident.

After you have completed the deposition you can sue within 30 days. 

You should also know that you have an extremely limited time to sue the municipality. In some instances you have one year and ninety days (City of New York), some instances one year (Public Authorities) sometimes even less. 

If you believe that you or a loved one was injured due to municipal negligence you need to call a lawyer fast. Call the Law Offices of Jason B. Kessler at 1-800-346-6254. Mr. Kessler has experience in dealing with municipal litigation and was a former Assistant Corporation Counsel with the City of New York.