New law says new york state not responsible if you get hurt on public property from a pot hole or cracked side walk or any unsafe structure if nobody files a complaint before hand

[moog5050]

Notice of a dangerous condition (actual or constructive) has always been required before a property owner can be held liable for a slip and fall.  There can also be a defense based on the dangerous condition being open and obvious.

[Hunter007]

2 minutes ago, moog5050 said:

Notice of a dangerous condition (actual or constructive) has always been required before a property owner can be held liable for a slip and fall.  There can also be a defense based on the dangerous condition being open and obvious.

This side walk  is the only one that goes to the playground and baseball field in that park and from the handicapped parking. 

Definitely  a dangerous condition being open and obvious.

 

[crappyice]

That is  not the spot  couldn't  find a exact example   it is  more like a 6 inch bulge like a  speed bump with crack running on top if you can imagine  . But the point of a side walk is its supposed to be level surface by code it has to be that way .
Same with a road it's not supposed to look like the surface of the moon .
Btw there elderly .  Side walks got to be safe for older folks to, And kids  and wheelchairs   you know it's a park side walk  .  they don't even want to pay for the ambulance that's redicluse. 

Hahah...he said, “6 inch bulge!”


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[Marion]

This side walk  is the only one that goes to the playground and baseball field in that park and from the handicapped parking. 
Definitely  a dangerous condition being open and obvious.
 

But According to the only actual lawyer that replied. It needs to first be reported to the proper authorities. Aka the parks Dept it seems in this case. As such it was not and by law it seems they are not liable for jack diddly. Is my interpretation correct Mr.@moog5050 ?

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[Jeremy K]

My wife slipped on a wet floor at tops and fell Into a display of those big cans of German potato salad, one landed on her foot off the top and messed her foot . After It was all said and done ,we still owed 300 dollars that medical insurance didn't cover . 

[moog5050]

4 minutes ago, The Jerkman said:

But According to the only actual lawyer that replied. It needs to first be reported to the proper authorities. Aka the parks Dept it seems in this case. As such it was not and by law it seems they are not liable for jack diddly. Is my interpretation correct Mr.@moog5050 ?

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Constructive notice means they should know even if it wasn’t reported.  I am not sure if constructive notice is sufficient against a municipality.   Not a PI lawyer.   

[Hunter007]

1 hour ago, moog5050 said:

Constructive notice means they should know even if it wasn’t reported.  I am not sure if constructive notice is sufficient against a municipality.   Not a PI lawyer.   

From what I heard they said the village insurance company does not have to pay because in the  policy they have with the village it specifically says that someone has to report the problem first .

That Does not mean the village is off the hook just means the insurance is  sounds like  .

Which is pretty stupid on the part of the village to not have things like that %100 covered 

because they most be getting sued for things like this all the time anyway .

Unless it  is cheaper to have  a crappy policy like that  and just   deal with  what ever they will not cover  themselves maybe ?

 

[Marion]

From what I heard they said the village insurance company does not have to pay because in the  policy they have with the village it specifically says that someone has to report the problem first .
That Does not mean the village is off the hook just means the insurance is  sounds like  .
Which is pretty stupid on the part of the village to not have things like that %100 covered 
because they most be getting sued for things like this all the time anyway .
Unless it  is cheaper to have  a crappy policy like that  and just   deal with  what ever they will not cover  themselves maybe ?
 

Maybe the law requires someone to report an issue first before the town is liable

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[Hunter007]

6 minutes ago, The Jerkman said:

Maybe the law requires someone to report an issue first before the town is liable

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Maybe,  the thing is people do tell them stuff all the time but let's get real who is going to take the time and  write a letter about things like that rarely does it happen like that . You run into the  parks grounds guy and say something you really think that guy is going to write it down  himself  lol  not likely. 

Edited October 11, 2019 by Hunter007

[Marion]

Maybe,  the thing is people do tell them stuff all the time but let's get real who is going to take the time and  write a letter about things like that rarely does it happen like that . You run into the  parks grounds guy and say something you really think that guy is going to write it down  himself  lol  not likely. 

Well that's what needs to happen unfortunately. I'm not disagreeing but if the law says a formal complaint needs to be made first then that's the way it goes. Sometimes you win, sometimes you lose. It's a shame that an old person got hurt.

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[dbHunterNY]

so bottom line is nothing will happen but a complaint with photos can be filed. town will then fix it. unfortunately your friend old, young, or whatever their situation must pay more attention when they step foot out in the world.

[Hunter007]

12 minutes ago, dbHunterNY said:

so bottom line is nothing will happen but a complaint with photos can be filed. town will then fix it. unfortunately your friend old, young, or whatever their situation must pay more attention when they step foot out in the world.

I don't  know there deciding if it's worth the time and aggravation to go find a lawyer and find out there rights  there in there late 70s 80s  

[dbHunterNY]

1 minute ago, Hunter007 said:

I don't  know there deciding if it's worth the time and aggravation to go find a lawyer and find out there rights  there in there late 70s 80s  

the least that should happen is they file a complaint about the sidewalk. then something is on record. how that happens i don't know but it can be figured out easily enough. free consultation should sort that out i'd think. i do believe that age isn't necessarily an excuse. they know they have to be careful. luckily they didn't dislocate or break something to make it worse.

[Hunter007]

5 minutes ago, dbHunterNY said:

the least that should happen is they file a complaint about the sidewalk. then something is on record. how that happens i don't know but it can be figured out easily enough. free consultation should sort that out i'd think. i do believe that age isn't necessarily an excuse. they know they have to be careful. luckily they didn't dislocate or break something to make it worse.

Yea there lucky there not dead they broke there prescription glasses and their face looked  like it just went through a boxing match all scraped and cut up knee and hand also .

 

[Bionic]

8 hours ago, Hunter007 said:

Maybe,  the thing is people do tell them stuff all the time but let's get real who is going to take the time and  write a letter about things like that rarely does it happen like that . You run into the  parks grounds guy and say something you really think that guy is going to write it down  himself  lol  not likely. 

True most of the time, but if issues do arise, one should call the commissioner, or supervisor.  The phone numbers should be reachable on municipal websites.  

Also, if this issue your friend is having is not resolved.  Consider attending the Town/Village board meeting, and explain to the board what happened.  It is most likely a waste of time, but sometimes these town board meeting are aired on local TV stations, ours are, and it could give them a kick in the ass to actual fix the issue.  It wont change the human damages, or medical bills, but it might make the municipality to wake the F up, and fix the issue with theirs grounds so no one else gets hurt.  

Edited October 12, 2019 by Bionic

[Hunter007]

5 minutes ago, Bionic said:

True most of the time, but if issues do arise, one should call the commissioner, or supervisor.  The phone numbers should be reachable on municipal websites.  

Also, if this issue your friend is having is not resolved.  Consider attending the Town/Village board meeting, and explain to the board what happened.  It is most likely a waste of time, but sometimes these town board meeting are aired on local TV stations, ours are, and it could give them a kick in the ass to actual fix the issue.  It wont change the human damages, or medical bills, but it might make the municipality to wake the F up, and fix the issue with theirs grounds so no one else gets hurt.  

They fixed  the problem like 2 days after  so there is no point except for them to pay for the medical Bill's  which sounds like there not doing with out a lawsuit which at there age they really don't want to bother I don't think  .