Injuries on Public Property: What You Need to Know About Filing a Claim in New York

Public property injuries are a type of premises liability issue, but they come with extra steps because the government is involved. You need to act fast, talk to a lawyer, and gather solid evidence right away. Local and state governments have a duty to maintain sidewalks, parks, roads, transit stations, and public buildings, and if a dangerous condition like a broken sidewalk, icy patch, pothole, or poor lighting causes your injury—and the government entity responsible for it either knew or should have known about the condition—you may have a valid claim.

You must show the public entity owed you a duty of care, breached it by failing to fix or warn about the hazard, and that this breach directly caused your injuries. Unlike with certain private property cases, you cannot assume liability just because you fell. In many cases, the key will be proving there was notice of the hazard. This can be actual (someone told the government about the issue, and there’s a record of that report) or constructive (the government should have known about it in the ordinary course of regular inspections).

Special Rules When Suing Government Entities

Under New York General Municipal Law, you typically must file a Notice of Claim within 90 days of the injury. This written notice must explain the details of what happened, where and when the incident occurred, the nature of your injuries, and the damages you are seeking. If you don’t file this notice within the required timeframe, you may lose your right to pursue compensation.

A typical Notice of Claim includes information such as:

• The date, time, and exact location of the incident
• A description of the dangerous condition that caused the injury
• How the accident occurred
• The injuries sustained
• The name of the injured person
• A general description of the damages being claimed

Although the Notice of Claim does not need to include every piece of evidence or every legal argument, it should be accurate and complete. Missing information or errors can create unnecessary obstacles later in the claims process.

After the Notice of Claim is filed, the government entity generally has 30 days to request a hearing under General Municipal Law § 50-h, where the injured person may be asked questions about the incident before a lawsuit can proceed. In most cases, you then have one year and 90 days from the date of the accident to file a lawsuit against a city, county, town, or village. This deadline is significantly shorter than the three-year statute of limitations that typically applies to personal injury claims against private property owners.

Different Government Agencies Have Different Rules

One of the biggest mistakes injured individuals make is assuming every government agency follows the same procedures. In reality, filing requirements can vary depending on who owns or maintains the property where the injury occurred.

For example, claims involving the New York City Transit Authority (NYCTA) generally require a Notice of Claim within 90 days, but the Transit Authority has its own procedures and requirements that differ from those of the City of New York. Similarly, counties, towns, villages, school districts, and other public authorities may each have their own rules governing where and how a Notice of Claim must be served.

Determining the correct government entity is critical. A sidewalk, roadway, park, or transit station may be maintained by a city, county, state agency, or public authority. Filing your claim with the wrong agency can result in delays—or worse, dismissal of your claim.

Federal property, such as a United States Post Office or other federally owned buildings, is governed by the Federal Tort Claims Act, which follows an entirely different administrative claims process and deadlines.

Because identifying the proper defendant is not always straightforward, consulting an experienced attorney as soon as possible can help ensure your claim is directed to the correct agency from the start.

Common Mistakes That Can Prevent a Successful Claim

Government claims are highly procedural, and even otherwise valid cases can be dismissed because of technical errors. Some of the most common pitfalls include:

• Missing the 90-day Notice of Claim deadline
• Filing the Notice of Claim with the wrong government agency
• Naming the wrong defendant in the claim or lawsuit
• Providing inaccurate or incomplete information about the accident
• Failing to preserve evidence such as photographs, witness information, or medical records
• Waiting too long to speak with an attorney

While courts may, in limited circumstances, allow a late Notice of Claim, these requests are discretionary and far from guaranteed. It is always safest to assume the 90-day deadline is firm and act immediately after an accident.

From a New York Accident Lawyer: Building a Strong Claim

To improve your chances of recovering compensation:

• Work with experienced counsel who has handled claims against cities, counties, and other government entities.
• Report the dangerous condition as soon as possible if it has not already been documented.
• Photograph the accident scene before the condition changes or is repaired.
• Save every piece of evidence, including medical records, receipts, and correspondence.
• Keep a daily journal documenting your pain levels, limitations, and how the injury affects your daily life.
• Attend all medical appointments and follow your treatment plan.
• Avoid discussing your case with insurance representatives or government investigators before consulting your attorney.

Taking these steps early can help preserve important evidence and strengthen your claim.

Don’t Wait to Protect Your Rights

You have real rights when you’re injured on public property, but the process is time-sensitive, and the procedural requirements are far more complex than in a typical premises liability case. Missing a deadline or filing against the wrong government entity can jeopardize an otherwise valid claim.

If you’ve been injured on public property, contact Miller, Montiel & Strano, PC at 516-363-5003 as soon as possible. Our attorneys have decades of experience representing injury victims throughout New York and understand the unique rules governing claims against government entities.

Not sure whether your Notice of Claim has been prepared correctly or whether you’ve identified the proper government agency? Contact us today for a free Notice-of-Claim review. We’ll evaluate your situation, answer your questions, and help you take the next steps to protect your rights before critical deadlines expire.

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