Winter is the time when the greatest number of potholes form in city streets posing a great risk for severe personal injury, especially to bikers and pedestrians, who can also encounter these potentially dangerous hazards year-round. Generally, the government is the owner of public lands and as such, owes the public a great duty of care to protect them from dangers. Thus, the government will be liable for your injuries if you trip over a pothole.
Under New York’s Pothole Law, Administrative Code § 7201(c)(2), the City of New York cannot be subjected to a lawsuit for injuries caused by a defect on a road unless it has prior notice of at least 15 days. However, if an injury victim can prove that the City “affirmatively created the defect through an act of negligence,” then the victim can still pursue personal injury claims against the city. Karasik Law Group recently won the City’s Summary Judgement Motion to dismiss a case based on lack of notice and shortly after, the case was settled.
If you or a loved one was physically injured due to poor road conditions in the city, it is important to consider your rights. Medical expenses, lost wages, and pain and suffering damages can add up. Karasik Law Group will fight for every dollar to make sure that you recover everything you are entitled to under the law. For us, winning matters. Win with us! Call today for your free consultation: 718-502-9112.