Premises Liability Claims Against Municipalities in New York

How to File an Injury Claim Against a City, Town, or State Agency

Accidents on public property can be especially frustrating. You’re not slipping in someone’s backyard or getting hurt in a private store. You’re walking through a subway station, entering a city building, or dropping your child at a public school when something goes wrong. A cracked sidewalk, broken railing, or icy stairwell can change everything in a second. You’re left hurt, overwhelmed, and unsure of what to do next.

At Horn Wright, LLP, we represent people across New York who’ve been injured on municipal property. If a city, town, or public agency failed to keep a space safe and you got hurt, we’re ready to help. Our attorneys know how to meet strict deadlines, cut through government red tape, and push for the compensation you need to move forward.

Understand Municipal Premises Liability in New York

Cities, towns, and state agencies across New York control a lot of property. From local sidewalks in Schenectady to state buildings in Albany and transit stations in Queens, these places fall under public responsibility. When dangerous conditions go unchecked, and someone gets injured, the municipality can be held liable under New York law.

But suing a government agency isn’t like suing a private business. Public entities have legal protections and procedural requirements that make these claims more complex. You have to show that the city or agency either knew, or should’ve known, about the danger. You also need to prove they had enough time to fix it or warn people.

If you’re hurt on a New York City sidewalk, or inside a municipal building in Rochester, understanding the rules for public property claims is essential. These are not standard personal injury claims. They involve different timelines, strict notice requirements, and layers of bureaucratic responsibility.

Identify What Qualifies as a Dangerous Public Condition

To have a valid premises liability claim against a New York municipality, the hazard must be serious enough to pose a risk to the public. It’s about proving the condition was unsafe, preventable, and neglected by the entity responsible.

Hazards that can lead to municipal liability:

• Cracked sidewalks near city libraries
• Poor lighting in municipal parking structures
• Ice buildup on public courthouse steps
• Loose railings at subway entrances
• Broken playground equipment in public parks

Say someone is injured after slipping on snow-covered steps at a county building in White Plains. If no warning signs were posted and maintenance crews hadn’t treated the area despite ongoing snow, that could support a claim. But the facts matter. So does the timing, especially in weather-related cases.

Determine Which Municipality Is Responsible

You need to name the right agency. That sounds simple, but it’s often the most confusing part of the process. In New York, control over public property is split between state, city, county, and transit agencies. Each one has its own procedures, departments, and legal teams.

A few common examples:

• Sidewalks outside public schools: NYC Department of Education
• Subway stations and platforms: Metropolitan Transportation Authority (MTA)
• State office buildings: New York State Office of General Services (OGS)
• Local parks or recreation centers: city or town departments

If you fall in a public schoolyard in Brooklyn, you’re dealing with the NYC Department of Education. If your injury happens near a state-run DMV in Albany, your claim may involve state-level offices. It’s critical to identify the responsible agency early, so your notice of claim goes to the right place.

You can reference NY State’s agency directory to help confirm who owns or manages a specific location.

Comply with New York’s Notice of Claim Requirements

When your claim involves a municipality, the clock moves fast. In New York, you must file a Notice of Claim within 90 days of the accident. This deadline is non-negotiable. If you miss it, your case could be dismissed, no matter how strong the facts are.

The notice must include:

• Your name and contact details
• The time, date, and location of the injury
• A description of the accident
• The nature of your injuries
• The legal basis of your claim

You’ll need to file with the right agency, which depends on where the injury happened. For example, a fall at a Bronx subway station requires filing with the MTA, not the City of New York.

New York’s 90-day notice rule is one of the most critical parts of a public injury claim.

Collect Strong Evidence Before You File

Evidence builds your credibility and helps counter the city's defense. Municipalities often reject claims early. Strong documentation can keep yours alive.

You should try to gather:

• Photos or videos of the hazard right after the accident
• Names and contact info for any witnesses
• Medical records showing treatment tied to the accident
• Receipts for out-of-pocket costs
• Copies of any 311 complaints or incident reports, if applicable

If a sidewalk was damaged outside a town hall in Yonkers, try to show the defect clearly: uneven slabs, pooling water, or missing curbs. And if someone reported it before your injury, get that record. Public complaints, especially prior ones, can help prove notice.

Understand the City’s Duty to Repair or Warn

New York municipalities have a basic duty to repair unsafe conditions on public property. If they can’t repair something immediately, they should post warnings or restrict access to dangerous areas.

However, in places like New York City, there’s a catch. The city may not be held liable for sidewalk defects unless someone filed prior written notice before the injury occurred. This rule limits many otherwise valid claims.

Other towns and cities across the state follow similar notice rules. If no one reported the broken step or icy walkway before your injury, you may have a harder time proving negligence. But there are exceptions, especially if the danger was created by city work crews or involved ongoing construction.

Courts also ask whether the city had enough time to fix the problem. If a heavy snowstorm hit Buffalo just hours before your fall, the city might argue they didn’t have time to respond. On the other hand, if a railing broke months earlier and was never repaired, that could be strong evidence of negligence.

Know Where Municipal Immunity Applies

Municipalities in New York have partial immunity from lawsuits. This means that in some cases, even if a person is injured on public property, the city or agency may not be legally responsible.

Immunity typically applies when:

• The injury resulted from a policy decision, like budgeting or staffing
• The act was discretionary, meaning officials had the authority to choose how or whether to act

For example, if a city chooses to prioritize snow removal from major roads instead of smaller sidewalks, that budget decision is protected. But if workers failed to clear a municipal building entrance despite a clear internal policy, the city could still be liable.

The law draws a line between what a government chooses to do and what it’s required to do. That line can be blurry. Still, the distinction between discretionary and ministerial acts often shapes whether immunity blocks a claim.

Recognize the Value of Legal Representation

Claims against government bodies aren’t just about proving an injury. You have to meet short deadlines, target the right agency, and follow strict notice procedures. Miss one step, and your claim could be dismissed.

A lawyer can help you:

• Investigate who owns or controls the property
• Draft a complete and timely Notice of Claim
• Preserve evidence before the hazard gets repaired
• Handle communications with city attorneys
• Push for fair compensation when agencies try to minimize your injuries

At Horn Wright, LLP, we understand how public liability claims work in New York. We’ve handled sidewalk cases, school accidents, and subway injuries. We’re familiar with the internal procedures different agencies follow, and we’re prepared to hold them accountable.

Review Real-World Examples from New York

Actual cases brought against New York municipalities highlight how premises liability works in practice. Many of these involve city infrastructure or property that had long-standing defects or received prior complaints.

Examples of known case types include:

• A pedestrian suffered injuries from a pothole on a Brooklyn crosswalk that had been previously reported
• A visitor fell down icy steps outside a state-run building in Albany during business hours
• A public playground in Queens was temporarily shut down after a child was hurt on poorly maintained equipment

These examples show how dangerous public conditions, especially those ignored or unaddressed, can give rise to a claim. But proving those facts takes more than a report. It takes preparation and legal insight.

Protect Yourself After a Public Property Injury

Premises liability claims against New York municipalities follow a strict legal process. Whether you were hurt on a city sidewalk, inside a state office, or on transit property, time matters. Horn Wright, LLP, helps people across New York understand their rights after public property injuries. 

Our team works to meet deadlines, build strong claims, and push back when agencies fail to take responsibility. If you believe a public entity’s negligence caused your injury, we're here to guide you forward.