Personal injury lawsuits against New York City can be difficult to bring. They are governed by the New York General Municipal Law and require the municipality to receive a Notice of Claim. After receiving the Notice, New York City will begin investigating the claim. It can also ask for a sworn statement at a 50-h hearing. Before filing a lawsuit, it is important to consult a personal injury attorney who specializes in personal injury cases.
Notice of defect
When you receive a Notice of Defect in New York City sidewalk, you should promptly schedule repairs. These inspections take 75 days, and your contractor should schedule these inspections as weather permits. If you have any questions, contact NYC311 to appeal the violation. The city’s inspectors can be a bit intimidating, but they’re also very professional. If you’re unsure of what you need to do, check out the following tips.
First, a defective sidewalk claim is complicated. In order to win it, you must show that the City was given prior written notice of the defect. However, this requirement is more difficult to prove than it sounds, and even the smallest mistake can reduce the value of your claim. In most cases, a defect is fixed if the city is made aware of it. In New York City, sidewalks are not always inspected by the city, so your attorney should have an up-to-date log of complaints to support the claim.
Statute of limitations
If you fall on an uneven sidewalk, you may be entitled to financial compensation. The entity responsible for maintaining the sidewalk can be held liable for damages such as medical bills, lost income, and pain and suffering. Filing a lawsuit is not the first step toward obtaining compensation. Your attorney will negotiate with the entity’s insurance company on your behalf. To ensure that your claim will be successful, you should take photos of the sidewalk and document the cause of your fall.
If you are injured, you should seek medical treatment as soon as possible. This will not only help you recover from your injury, but it will also help protect your legal rights. You should also consult a personal injury lawyer immediately. The statute of limitations for filing a lawsuit against New York City is three years, but you have 90 days to file a notice of claim. With a good attorney, you can navigate the legal process and get the compensation you deserve.
Evidence of defect
In a recent case, a plaintiff fell from an interior staircase and claimed she caught her foot on a painted-over protrusion, but the defendants moved for summary judgment arguing the defect was trivial. Despite the fact that the protrusion measured 3 1/4 inches in diameter and was just an eighth of an inch wide, the plaintiff was still awarded damages. The Appellate Division found that the defendants’ failure to provide adequate evidence of the defect rendered their motion for summary judgment frivolous and reversed the judgment.
The buyer must show that the seller made a false statement, and that he justified his reliance on the seller. In some cases, the buyer may have hired an engineer to perform an inconclusive inspection of the product. However, if the plaintiff failed to take reasonable steps to make a thorough inspection, the New York court could deny the claim for lack of evidence. In such cases, the buyer should hire an attorney with expertise in construction law to represent him in court.
Evidence of prior written notice
If you have a fall on a New York City sidewalk, you must file a notice of claim within 90 days. This notice must be filed with the New York Corporation Counsel’s office located at 100 Church Street in Manhattan. A notice of claim is not required if the sidewalk accident occurs outside of a business. Nevertheless, if you fall on a sidewalk that is not a business, you need to file the notice.
In Bruni v. City of New York, the plaintiff alleged that she was injured in October 2006 by a raised sidewalk flag in front of her building. The sidewalk was part of the property that was owned by Benjamin A. Bankson. The City of New York was also a defendant. If you fall on a sidewalk, the City must take reasonable measures to prevent a repeat occurrence.