Have You Suffered Personal Injuries Due to Municipal Liability?
New York City, NY State and it’s hundred of counties, towns, villages and cities may be responsible for your personal injuries if the behavior of their employees or their failure to maintain their buildings, sidewalks, bridges, streets and highways were the cause.
Every year, thousands of people are injured on substandard streets or broken sidewalks. Others are injured on highways and roadways that are poorly designed and improperly maintained. More are hurt because of police misconduct or medical malpractice at City and County Hospitals. Government employees also cause injury through their own negligence while operating cars, buses or trains. In all of these cases, the government is responsible and can be brought to justice with the help of an experienced personal injury lawyer in NY for the injuries and damages sustained.
In cases against municipalities, cities, town, villages, counties and the State, it’s important to act quickly to protect your rights.
In New York state, special rules have been established that limit and restrict your right to bring a lawsuit against the government or their employees unless you file certain papers called a Notice of Claim very quickly after your accident takes place. Even after this special notice has been filed, you still must act within a shortened period to actually begin the suit. But, unlike suits against companies and people outside of government if BOTH steps are not accomplished timely and properly you lose your right to sue.
Our personal injury lawyers at De Caro & Kaplen, LLP have been representing clients in lawsuits for accidents and medical malpractice against the City of New York, the State of NY, the Health and Hospital Corporation, the NYC Transit Authority, the Port Authority, Metro North, Long Island Railroad and various counties, towns and villages for the past 26 years. We are familiar with the notice and time requirements and are prepared to act immediately to protect your rights!
We have successfully represented clients who received brain injuries and other physical injuries because of government negligence in many different situations.
Highway and road repair negligence
For over 26 years we have investigated and successfully prosecuted serious and sometimes fatal accidents on our streets, bridges and highways . In one case, a passenger in a car traveling on a highway was injured when the driver was cut off. The driver lost control of his car and went across the roadway into oncoming traffic and was struck by another vehicle. A careful review of the highway where this accident took place revealed that a guardrail was missing in the median of the roadway which should have been there. A lawsuit was instituted by our personal injury lawyers at De Caro & Kaplen, LLP against the State of New York for poor highway design. Michael Kaplen and his partner Shana DeCaro obtained a substantial verdict against the State of New York for highway negligence in the design of the highway.
In another case, a car left the road because of poor drainage and an improper shoulder drop off. Injuries from this accident resulted in a lawsuit against the state of New York and a recovery for our clients.
Sidewalk and street negligence
NYC and the towns and villages in New York State are responsible for the proper upkeep and maintenance of their streets and sidewalks. In cases of accidents caused by broken or cracked sidewalks, improper street openings and pot holes in the streets or roadway, flooding conditions and faulty repairs, we have successfully represented the rights of the accident victim.
We have also successfully brought lawsuits for persons injured when a sidewalk was cracked and went unrepaired for a long period despite the City of New York receiving legal notice of the dangerous condition. In another municipal liability case, a man was injured when he tripped over a piece of metal left sticking out from the sidewalk after a street sign was removed. A different case dealt with a driver who lost control of his car and was propelled into a tree because the road was flooded from an improperly cleaned catch basin. In each of these cases, a careful examination of the accident scene and consultations with our experts helped prove the government’s negligence.
Police Misconduct and Negligence
While the police are there to protect us, unfortunately a few officers take advantage of their authority and power and inflict injury upon an innocent person. We have assisted clients where the police fail to follow proper procedures and cases for clients who were wrongfully arrested and imprisoned as a result of police misconduct or suffered serious injury due to unreasonable and unnecessary physical force.
We represented a young girl and her father who were innocently driving on a quiet street when a New York City police chase went awry causing the chased vehicle to run into their car. This chase was against NYC police department regulations. In these cases, we have retained honest police professionals to examine and review the conduct of the officer and the police department and assist us to see that justice is done.
Hospital Liability
Hospitals operated by the New York City Health and Hospital Corporation and the State of New York as well as counties sometimes fail to provide proper care to their patients. The doctors, interns, residents and other personnel in these hospitals are all considered employees of the Heath and Hospital Corporation and lawsuits can be brought for their medical malpractice and medical negligence leading to serious injury, birth defects and even death.
We have handled cases against these hospitals for orthopedic mishaps, anesthesia errors, neurosurgical malpractice, and their failures in obstetrical care and in delivery. In each of these cases, we were able to hold the hospital responsible for the acts of the doctors, interns, residents and nurses who worked there.
Operation of vehicles:
Like other drivers, police officers, drivers of sanitation trucks, operators of fire engines or other city or municipal vehicles are responsible for their safe operation, and are obligated to follow the rules of the road as well as certain special regulations. In situations when unsafe and careless driving causes injury, we have brought personal injury lawsuits on behalf of our clients.
De Caro & Kaplen, LLP have been able to prove that a police car ran a red light causing brain injuries to the occupant of a taxi cab that was struck. We’ve also proven that a sanitation truck made an improper turn, striking a car in an adjoining lane of traffic. When a pedestrian was struck by a city vehicle while crossing the street, we were able to prove driver inattention.
We are proud that our partner Michael Kaplen obtained a record setting verdict against the New York City Transit Authority for a bus accident causing traumatic Parkinson’s disease to his client.
School District Negligence
School districts and the board of education in New York City are responsible when children are injured in the school yard or in the school building because of defective and faulty equipment and grounds that are not properly maintained. The school is also responsible for teachers who take advantage of their students by inflicting physical and sexual abuse upon them. We have had the sad task of representing students who have been victims of abuse at the hands of teachers and who have been injured in school yards because of broken playground equipment and in classrooms from poorly maintained buildings.
Housing Authority Negligence
When the city or town owns or operates a housing project or an apartment building, they are treated no differently than any other landlord. The housing authority is responsible for the proper upkeep of the inside and outside of the housing project and for making proper repairs within apartments. When they fail to act responsibility and injury results, we have commenced legal action for the resulting injury.
