Municipal liability arises when government entities, such as cities, counties, towns, villages, school districts, and state agencies, fail to fulfill their legal duty to protect public safety. When these failures result in injuries, property damage, or civil rights violations, the government can be held financially responsible for the harm caused.
The dedicated attorneys at Fellows Hymowitz Rice understand the devastating impact of government negligence on your life. Our exceptional team of Rockland County municipal liability lawyers serves clients throughout the Hudson Valley, fighting to win maximum compensation for injuries caused by government entities that failed to protect public safety.
With over 100 years of combined experience, we have a proven track record of success representing Rockland County residents harmed by municipal negligence. We're committed to providing compassionate and aggressive legal representation to help you assert your rights against powerful government defendants.
Municipal liability claims can be filed against numerous government entities operating in Rockland County:
While government entities once enjoyed broad immunity from lawsuits, New York law now allows municipalities to be held liable for negligent actions that cause harm to residents. However, strict procedural requirements must be followed, including filing a Notice of Claim within 90 days of the incident. This is a deadline that cannot be missed.
Our experienced municipal liability attorneys have successfully handled a wide range of cases involving government negligence throughout Rockland County. Whether you've suffered serious injuries due to dangerous road conditions, defective public property, or civil rights violations, we have the knowledge and resources to pursue maximum compensation.
Government-operated vehicles pose unique risks to public safety. When municipal employees operate buses, maintenance trucks, emergency vehicles, or other government-owned vehicles negligently, serious accidents can result.
Common government vehicle accidents include:
Rockland County municipalities have a legal obligation to maintain safe roadways and sidewalks for residents and visitors. When they fail to repair dangerous conditions or provide adequate warning, serious injuries can occur.
Dangerous road and sidewalk conditions we've successfully litigated include:
Rockland County school districts owe a duty of care to students, staff, and visitors on school property. When schools fail to maintain safe premises or provide adequate supervision, they can be held liable for resulting injuries.
School district liability cases include:
When law enforcement officers violate citizens' constitutional rights through excessive force, false arrest, or other misconduct, both individual officers and their employing municipalities can be held accountable under Section 1983 of the Civil Rights Act.
Civil rights violations we handle include:
Municipal buildings, parks, and recreational facilities must be maintained in a safe condition for public use. When dangerous conditions exist without proper warning or correction, slip and fall accidents can result in serious injuries.
Common public property hazards include:
Taking on a municipality, school district, or town is different than a standard injury claim. Strict deadlines, often as short as 90 days, can destroy your case before it begins. If you were hurt on public property, do not wait. Let our aggressive team handle the paperwork while you recover.
Before you can file a lawsuit against any government entity in New York, you must first serve a formal Notice of Claim. This critical document puts the municipality on notice of your intention to seek compensation and must be filed within strict time limits that cannot be extended.
Under New York General Municipal Law Section 50-e, you have only 90 days from the date of your incident to serve a Notice of Claim on the responsible government entity. This deadline is absolute and cannot be extended except in very limited circumstances involving minors or individuals who lack legal capacity.
Missing the 90-day deadline typically means losing your right to compensation forever, regardless of how strong your case may be. This is why immediate legal consultation is essential after any incident involving a government entity.
Your Notice of Claim must contain specific information required by New York law:
The Notice of Claim must be served on the appropriate government entity, depending on which municipality was responsible for the dangerous condition:
In very limited circumstances, New York courts may allow late filing of a Notice of Claim under General Municipal Law Section 50-e(5). These exceptions require a formal application to the court and include:
Even with these exceptions, late filing applications are rarely granted, making prompt legal action essential.
Suing a town, school district, or county entity involves strict timelines, specifically the 90-day Notice of Claim. Our team focuses on navigating complex governmental immunity laws that often shield municipalities, agencies, departments, and their employees, ensuring your case isn't dismissed on a technicality before it begins.
We have spent over 40 years litigating against local government entities in Rockland County. We know the specific procedures for claims against towns like Clarkstown, Ramapo, or the County itself. This local insight gives you a strategic advantage that out-of-town firms simply cannot match.
Taking on the government is daunting, but the cost shouldn't be. We represent you on a contingency fee basis, meaning our firm covers all costs to investigate and file your claim. You pay zero legal fees unless we recover damages for you.
Rob Fellows is more than just a lawyer; he's a seasoned advocate and a respected leader in the legal community. With over 40 years of experience, he's earned a reputation for meticulous preparation, unwavering advocacy, and a genuine commitment to his clients.
Steve Hymowitz is a champion for the underdog, specializing in medical malpractice and construction accident cases. He’s known for his warmth and unwavering dedication, relentlessly pursuing justice for those who feel powerless against insurance companies.
Matthew brings an unparalleled level of energy and drive to every case, earning a reputation for achieving exceptional results. He goes beyond financial wins, building deep connections with clients and becoming a trusted advisor during their most difficult times.
Joanne Horowitz is a skilled legal strategist and a strong advocate for those facing injuries due to negligence, construction accidents, and medical malpractice.
Margaret is a seasoned negotiator, expert in civil dispute resolution, with extensive experience handling homicide cases.
Jake is a dedicated, hardworking, and compassionate attorney with a unique perspective shaped by his experience representing both plaintiffs and defendants.
You have only 90 days from the date of your incident to serve a Notice of Claim on Rockland County or any other New York municipality. This deadline is absolute and cannot be extended except in very limited circumstances. After filing the Notice of Claim, you have one year and 90 days to commence a lawsuit.
A Notice of Claim is a formal document that must be served on a municipality before filing a lawsuit. It serves to notify the government entity of your intention to seek compensation and provides them with essential facts about your incident. This requirement gives municipalities an opportunity to investigate claims early and potentially settle before costly litigation begins.
Yes, you can sue New York State for injuries caused by state agency negligence. However, claims against the state must be filed in the New York State Court of Claims, which has procedures different from those for county and local municipal claims.
Missing the 90-day deadline typically means losing your right to compensation. However, in very limited circumstances, New York courts may grant permission to file a late Notice of Claim under General Municipal Law Section 50-e(5). These applications require showing that specific legal criteria are met and are rarely successful.
Successful municipal liability claims can result in compensation for medical expenses, lost wages, pain and suffering, property damage, and other losses caused by government negligence. The amount depends on the severity of your injuries and their impact on your life.
While you can technically file a Notice of Claim yourself, having experienced legal representation is strongly recommended. Municipal liability cases involve complex procedural requirements and aggressive defense tactics. Our experienced attorneys can ensure your Notice of Claim is properly prepared and increase your chances of maximum compensation.
A 50(h) hearing is a deposition-like proceeding where you'll be questioned under oath about your incident by attorneys representing the municipality. This hearing typically occurs within 30 days after serving your Notice of Claim and provides the government with an opportunity to investigate your claim before deciding whether to settle or fight the case.
Yes, under New York's comparative negligence law, you can recover compensation even if the government entity was only partially at fault. However, your recovery will be reduced by your percentage of fault. For example, if you're found 20% at fault, your compensation would be reduced by 20%.
Municipal liability cases require immediate action due to strict legal deadlines. Don't let the government escape responsibility for negligence that caused your injuries. Contact the experienced municipal liability attorneys at Fellows Hymowitz Rice today to protect your rights and pursue the compensation you deserve.
