Life is full of surprises. I got one yesterday.
A client suffered a very bad injury from tripping on a sidewalk defect in a village near Geneva, New York (I won’t name names!). Normally, trip-and-fall on sidewalk cases are nearly impossible to win because of a special law that protects villages (as well as cities, towns, etc.). That law — General Municipal Law section 50-e(4) — says that, under most circumstances, you can’t sue a village, town, city, etc., for injuries caused by defects in a “sidewalk, crosswalk, street, highway, bridge or culvert” as long as the village (or town, city, etc.), has enacted a “prior written notice” local law. Such a local law must in turn say, “hey, folks, you can’t sue us for injuries caused by defects on our sidewalks, crosswalks, streets, highways, bridges or culverts unless, before you were injured, we already had written notice of the defect.”
This is an extremely unfair law. No one, at least in upstate New York, ever writes to a village or town or city to tell them, “hey, you have a defect in your sidewalk at such-and-such a location and you’d better fix it before someone gets hurt”. If people complain at all about a defect or hazard they see, they are more likely just to call and complain. But that’s not enough under New York Law. It has to be in writing to be valid.