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Municipal Liability cases are those against the state, county, city or town. These claims often have special laws and regulations that affect the rights of the plaintiff and even in what court a claim must be brought. Liability of a municipality can occur in many different situations.

One very important law affecting the responsibility of municipalities concerns the short time period for bringing a claim, much shorter than for claims involving other defendants. Generally, a municipality must be given written notice of a claim within 90 days of its occurrence. In addition, a lawsuit against a municipality must be commenced within one year and ninety days of the occurrence.

Perhaps the most frequent type of claim against a municipality involves a sidewalk defect such as a crack, hole, broken and uneven concrete or missing concrete. Generally, the municipality must have prior notice of the defect before it can be held liable.

Municipal liability also involves other areas in which the municipality is providing services such as transportation, for example, bus and subway accidents. Premises liability cases can be brought where the municipality, such as a housing authority, owns or manages the property. When the municipality operates a school it may be responsible for accidents and incidents involving school children, teachers or other people at the school.

Cases against the police department for police brutality, excessive force or civil rights violations are also municipal liability cases. These cases may involve the mistreatment of suspects under police custody and the unjustified use of deadly force. The shorter time periods for bringing a claim also apply in these cases.


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Asta and Associates (NY)
Personal Injury Attorneys
in New York

450 Seventh Ave.  
Suite 2205
New York, NY  10123
(212) 244-6555
Send us an email
Asta and Associates (NJ)
Personal Injury Lawyers
in New Jersey

744 Broad Street  
16th Floor
Newark, NJ  01712
(973) 735-0549
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