Reviewed by Laurence P. Banville, Esq.Frequently asked questions
What is the prior written notice rule for NYC pothole cases?
Under New York City Administrative Code §7-201, the City of New York can only be held liable for a pothole if it received prior written notice of the defect and failed to repair it within a reasonable time. This is a strict requirement — without proof the City knew about the pothole beforehand, your claim will likely be dismissed. Certain exceptions apply if the City itself created the defect.
Do I have to file a Notice of Claim before suing NYC?
Yes. Before you can sue New York City or any NYC agency, you must file a Notice of Claim with the NYC Comptroller’s Office within 90 days of your accident. Failure to file on time will generally bar your lawsuit entirely. After filing, the City has 30 days to investigate before you can commence litigation.
What is the deadline to sue the City of New York for a pothole injury?
In addition to the 90-day Notice of Claim requirement, you must file your personal injury lawsuit within one year and 90 days of the accident under New York General Municipal Law §50-i. This is shorter than the standard 3-year statute of limitations under CPLR §214 that applies to most private defendants, so it is critical to act quickly.
What evidence should I gather after falling in a pothole in New York?
Document the scene immediately: photograph the pothole from multiple angles with something for scale, capture the exact location and any missing signage, and get contact information from any witnesses. Seek medical attention that same day to create a medical record linking your injuries to the fall. Keep all medical bills, records, and any prior complaints made to 311 about that pothole, as they can help establish the City had notice.