Whether the defendant is a municipal or private entity, a lawsuit alleging negligence requires proof of negligence by the defendant, as well as proof of injury caused by that negligence.

However, for the injured accident victim, the rules of procedure that apply to claims against municipal entities are much more restrictive than those that apply to private, non-municipal, entities. It is important to be aware of these restrictive rules, so that the injured accident victim does not lose important rights when claiming against a municipal entity.

Municipal Liability Laws

The law provides each of us an opportunity to exercise the right to bring a lawsuit, but this right is not interminable. For this reason, the right to file a lawsuit is a right that must be approached pro-actively, not passively. With claims of negligence against a private entity, the right is exercised by filing a lawsuit within three years of the incident. However, in claims of municipal liability, an injured accident victim is first required to file a notice of claim, not a lawsuit, within ninety days of the incident. Adding even more restriction, it is required that a notice of claim be filed with the specific municipal entity whose fault it is claimed caused the incident.

Types of Municipal Cases

The City of New York, the New York City Transit Authority, and the New York City Housing Authority are examples of separate municipal entities, each with their own rules governing proper filing of a notice of claim. Finally, whereas a three year limitation applies to private entities, the time limitation for filing a lawsuit against a municipal entity is typically one year and ninety days from the occurrence. A lawyer is trained to make sure that a notice of claim is filed timely and directed to the appropriate municipal agency.

Timely and proper filing of a notice of claim is the first, critical step in waging a claim against a municipal entity. Be aware of the restrictive rules governing such claims. This knowledge may avoid the loss of important rights should you face the possibility of waging a claim against a municipal entity.