When you think about personal injury claims, you might picture a slip-and-fall at a grocery store, a car crash with another driver, or a defective product causing harm. But what happens when the city itself is responsible for your injury?
Municipal Liability in New York
Municipal liability refers to situations where a government entity—such as New York City, the Metropolitan Transportation Authority (MTA), or another city agency—is responsible for an injury due to negligence in maintaining public spaces, infrastructure, and services. However, suing the government is not the same as suing a private individual or company. There are strict deadlines, special rules, and various agencies that could be involved.
This guide will break down everything you need to know about municipal liability in New York—including real-life examples, the legal process, and how to fight for the compensation you deserve.
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Recap: What Is Municipal Liability?
Municipal liability holds city, state, or government agencies responsible when their negligence causes injury to a private citizen. In New York, this means that if you’re hurt due to the city’s failure to maintain streets, public transportation, parks, or other public spaces, you may have the right to file a claim.
However, unlike regular personal injury cases, claims against a municipality come with strict requirements, including the Notice of Claim deadline, which is typically only 90 days from the date of the accident.
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Common Causes of Municipal Liability Injuries
There are many ways a person can get injured due to municipal negligence. Some of the most common examples include:
1. Public Transit Accidents (MTA, NYC Transit, Buses, and Trains)
• Bus Accidents – If an MTA bus driver crashes due to reckless driving or fails to secure passengers properly, the city may be liable.
• Subway Platform Injuries – Poorly maintained platforms, missing warning signs, or malfunctioning train doors can cause serious injuries.
• Slip-and-Falls in Subway Stations – Broken steps, wet floors, or defective escalators are common hazards.
• Train Derailments or Sudden Stops – A malfunctioning train or sudden braking can throw passengers off balance, leading to severe injuries.
2. Poorly Maintained Roads, Sidewalks, and Crosswalks
• Sidewalk Trips & Falls – NYC law requires property owners to maintain sidewalks, but the city itself is responsible for sidewalks adjacent to public buildings, parks, and bus stops.
• Pothole-Related Car Accidents – A deep pothole can cause a driver to lose control and crash. If the city knew about the hazard but failed to repair it, they could be held responsible.
• Unmarked Construction Hazards – Open construction pits, poorly marked detours, or lack of proper barricades can lead to accidents.
3. Unsafe Public Buildings & Facilities
• Slip-and-Falls in City-Owned Buildings – Wet floors in courthouses, libraries, or public schools can lead to serious falls.
• Lack of Security in Public Buildings – If a lack of security results in an assault or attack, the city could be held responsible.
• Broken Stairs or Poor Lighting – A poorly lit stairwell in a public building can be extremely dangerous.
4. Injuries Caused by Police Misconduct
• Unnecessary Use of Force – If a police officer uses excessive force, leading to injuries, the city may be held liable.
• Wrongful Arrests & Detainment – If an arrest results in physical harm due to police negligence, a claim may be possible.
• Police Car Accidents – If an officer is driving recklessly and causes a crash, the victim may have grounds for a lawsuit.
5. Park & Recreation Injuries
• Playground Equipment Failures – If poorly maintained playground equipment leads to injury, the city could be responsible.
• Falling Tree Branches – NYC Parks & Recreation is responsible for tree maintenance; if a falling limb causes an injury, they could be sued.
• Broken Park Benches or Paths – Hazardous park conditions can cause serious falls or other injuries.
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Which New York City Agencies Could Be Involved in a Lawsuit?
New York City has dozens of government agencies responsible for different aspects of public safety. Depending on the type of injury, one or more of the following agencies could be held accountable:
• Metropolitan Transportation Authority (MTA) – Handles subway, bus, and commuter train accidents.
• New York City Department of Transportation (NYC DOT) – Responsible for road and sidewalk maintenance.
• New York City Housing Authority (NYCHA) – Handles injuries related to public housing properties.
• New York City Department of Parks & Recreation – Oversees parks, playgrounds, and public spaces.
• New York Police Department (NYPD) – May be liable for police misconduct, wrongful arrests, or excessive force cases.
• New York City Department of Buildings – Oversees public building safety and maintenance issues.
• New York City Health and Hospitals Corporation (NYC H+H) – If medical malpractice occurs in a city-run hospital or clinic, this agency may be responsible.
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How to File a Municipal Liability Claim in New York
If you believe a city agency is responsible for your injury, you must act quickly. The process includes:
1. Filing a Notice of Claim (Within 90 Days)
• You must file a Notice of Claim within 90 days of the incident.
• This alerts the city that you intend to file a lawsuit.
• Missing this deadline could mean losing your right to sue.
2. Attending a 50-H Hearing
• After filing your claim, the city may request a 50-H hearing, which is similar to a deposition.
• You’ll be questioned about the incident and your injuries.
• This step is required before you can proceed with a lawsuit.
3. Filing a Lawsuit (After 30 Days)
• After the 90-day Notice of Claim period, you must wait at least 30 days before filing a lawsuit.
• You generally have one year and 90 days from the accident date to file your lawsuit.
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Why You Need an Experienced Municipal Liability Attorney
Suing the government isn’t easy. City agencies have entire legal teams dedicated to fighting claims, and they often use tactics to delay or deny responsibility.
At Blitz Law Group, we specialize in municipal liability cases and know how to take on New York City’s toughest legal battles. Our experience allows us to:
✔️ Navigate strict deadlines and legal hurdles
✔️ Gather the necessary evidence to prove city negligence
✔️ Fight for the maximum compensation you deserve
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Injured Due to City Negligence? Don’t Wait—Call Us Today.
If you’ve been hurt due to poorly maintained sidewalks, transit accidents, or unsafe public spaces, time is running out to file your claim. Don’t let the city avoid accountability.
📞 Contact Blitz Law Group today for a free consultation.
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