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New York’s Notice Of Claim Requirements And Playground Injuries

August 3, 2011

When children in New York get hurt on a playground, the parents should immediately contact a New York accident lawyer with experience in handling playground injury cases. Most playgrounds in New York are owned by a municipality or a school district.

New York’s general municipal law has strict laws and time limits for commencing a lawsuit. To file a lawsuit against a municipality or school district, the injured party must file a notice of claim within ninety days of the accident. Then the lawsuit must actually be filed within a year and ninety days of the accident. However, when children are involved the statute of limitations are tolled until the child reaches 18 years, but the time to file a notice of claim is not tolled. Our New York accident lawyers have filed hundreds, if not thousands of notice of claims and we have the experience to protect children injured on playgrounds. If a notice of claim is not filed in time, the injured party will not be able to sue unless they get permission from the Court. Our New York injury lawyers have won numerous cases in which we obtained Court permission to file a late notice of claim and ultimately recovered substantial monetary awards for our clients.

These cases are also a trap for the unweary because many school districts are legally separate entities from the town or City in which they are located, so a careful New York lawyer must research the property owner information and make sure the right entity is served.

The Law Offices of Michael H. Joseph