In some municipalities, someone who was injured on defective municipal lands or structures can only receive compensation for damages related to the injuries if the town had received prior notice of the defect. This relates to the case of a woman who tripped and fell on a sidewalk in Lake George, New York. She said that the reason she fell was that the sidewalk was in a “hazardous, defective, dangerous condition,” according to a recent article in the New York Law Journal.

The village responded to the court that the village had not received prior written notice of this defect. In this village, prior written notice is required before someone may sue for an injury on something defective owned by the village.

There is an exception to the village code. It says that one may sue the village for an injury from a defective condition if the village negligently created the defective condition. The injured woman argued that the village indeed created such a condition when they constructed the sidewalk using asphalt. That particular use of asphalt is against the village’s laws. However, the court found that using asphalt did not create a dangerous condition. The injured woman’s expert witness was unable to prove that false. Therefore, the judge decided to dismiss the woman’s claim by granting summary judgment to the village on the basis that they had not received prior written notice of the defective condition.

If you have been injured on a sidewalk or at a building’s premises, then you should seek medical attention, and also contact an experienced attorney for legal advice as to whether or not you have a case. If you were injured, then you may be entitled to receive a large cash settlement. Jayson Lutzky is an attorney in New York with over 31 years of experience. He offers free, in-person initial consultations to accident clients. If you have been seriously injured, then home or hospital consultations are available. Call 718-514-6619 to set up a consultation and visit to learn more about Mr. Lutzky.