The prior written notice requirement in New York refers to a legal provision that mandates certain public entities, such as municipalities, be given written notice of a defect or hazardous condition before a lawsuit can be filed against them for personal injury or property damage caused by that condition. The purpose of this requirement is to give the City of New York, municipality or other public entity an opportunity to investigate and remedy the hazardous condition before any harm occurs.
Prior written notice statutes are created by the legislative body to protect municipalities (like the City of New York). They codify the reality of municipal administration in that ..."municipal officials are not aware of every dangerous condition on its streets and public walkways..." and imposes responsibility for repair only after "...the municipality has been served with written notice of an obstruction or other defect..."(see Poirier v City of Schenectady, 85 NY2d 310 [1995]). New York Courts have recognized only two exceptions to the statutory rule requiring prior written notice, namely, where the locality created the defect or hazard through an affirmative act of negligence (see Kiernan v Thompson, 73 NY2d 840 [1988]) and where a "special use" confers a special benefit upon the locality. Even where a defect existed for a long period of time and should have been discovered by the municipality (referred to as "constructive notice") Courts in New York will not impose liability because when the legislature drafted the Prior Written Notice law, no such exception existed.
In New York, the prior written notice requirement often applies to claims involving injuries or damages caused by defective streets, sidewalks, or other public property. The specific notice requirements can vary depending on the local laws of the municipality or public entity involved. Generally, the notice must:
As the New York State Court of Appeals, which is the highest court in New York, stated more than 100 years ago:
The state created the defendant as a political agency of government and the adjustment of its powers and duties, and of the relative rights of citizens and municipality, was the province of the legislature. … [Although the city charter's] requirement that a written notice shall have been given to the common council, as a condition precedent to the maintenance of an action, [may] be regarded as harsh, correction is not to be sought from the courts. The requirement is the expression of the legislative will.
(see MacMullen v City of Middletown, 187 NY 37 [1907])
Failure to provide proper prior written notice can result in the dismissal of a lawsuit against the public entity. However, there are exceptions to the prior written notice requirement, such as when the public entity had actual notice of the defect or created the hazardous condition through its own negligence. It's important to consult with an attorney who is familiar with the specific laws and regulations governing prior written notice in the jurisdiction where the injury occurred to ensure compliance with these requirements.
