Accident News Headlines

Limit Liability New York Slip And Fall Law On Sidewalks & Streets

Municipal Liability
The decision of the New York Court of Appeals in Bernadine v. NYC, issued in 1945, exposed the City for the first time to liability for torts committed by the City's officers, agents, and employees. In Bernadine, the Court held that "the civil divisions of the State are answerable equally with individuals and private corporations for wrongs of officers and employees even if no separate statute sanctions that enlarged liability in a given instance.

The Court, in effect, abolished the doctrine of sovereign immunity for municipalities, but did not provide municipalities any of the protections accorded to the State by the Court of Claims Act. In particular, claimants seeking to recover from municipalities for their agents' negligent and wrongful acts are entitled to a jury trial. Municipal liability is also governed by local law. Under their home rule authority, municipalities can limit liability to some extent through limitations on the right to sue.

An example is New York City's prior notice law, enacted in 1979 in an effort to limit the City's liability in "slip and fall" cases on City sidewalks and streets. 

Claims Process
To commence an action against the City, a claimant typically must first notify the City by filing a Notice of Claim with the Office of the Comptroller. In some instances, however, the claim must be filed with the agency involved. In most instances the notice of a personal injury or property damage claim must be filed within 90 days of an alleged injury or wrong. The City Charter grants the Comptroller the power to settle and adjust all claims in favor of or against the City.

The City Charter also grants settlement authority exclusively to the Office of the Comptroller. The Comptroller has the power to investigate claims, determine liability and damages, and reach a settlement prior to litigation. If the Comptroller denies liability or is unable to arrive at a settlement with a claimant, the claimant may commence suit. Actions regarding tort claims must generally be filed within a year and 90 days after the loss. The City's Law Department, under the direction of the Corporation Counsel, defends the City in most actions, although the Law Department may engage outside counsel to defend HHC and its doctors in certain medical malpractice actions.