Albany Lawsuit May Leave New York Accident Victims in a (Pot)hole
April 3, 2025
In New York, winter potholes are the unfortunate norm, an annoyance that can make winter driving just that much more stressful. Beyond worrying about potentially damaging your car, hitting a pothole, especially at a high speed, can lead to accidents, serious injuries and even death.
Potholes are so common in Western New York, the Erie County Legislature established a “pothole hotline” where residents can call and report an existing pothole. The county also provides an email address ([email protected]) for residents to file notice of a pothole, and that is where things may get interesting.
Municipalities have long been insulated from lawsuits over hazardous road conditions by a rule that said such a condition, like a pothole, had to be reported in writing, and then the municipality had to correct the problem in a reasonable amount of time. This meant that if you had an accident involving a specific road hazard, and there was no written record of it being previously reported, the municipality was shielded from liability. As more cities and towns implemented hotlines, apps and emails to report hazards, the law did not count those as “prior written notice.” That all changed in December when a Court of Appeals ruling found that a report made via an app or another digital platform does meet state requirements of prior written notice.
The case in question involved a man injured on a roadway in the city of Albany. Shortly after the ruling, the city amended its laws to absolve the municipality of any liability unless written notice was “delivered to the Corporation Counsel by hand, first class, or certified mail.” In other words, feel free to continue to use online platforms to report road hazards, but the city will not be on the hook for those reported hazards that go unrepaired.
This is a monumental shift that is expected to have a ripple effect across the state. Dozens of municipalities are reviewing their laws and considering amending them in a similar fashion. Doing so will expose every motorist to untold risk not only during pothole season, but for any other road defects that may exist and contribute to an accident.
Our personal injury team represents motorists who have been injured in accidents, including those involving negligence on the part of a municipality. If you or a loved one are injured in an accident, time is of the essence. Protect your rights, give us a call.
Harry J. Forrest is an attorney with Gross Shuman PC. The focus of his practice is personal injury claims, including accidents involving motor vehicles, constructions sites, property hazards and defects, as well as long-term disability claims and appeals. He has successfully managed cases in both federal and state courts and has tried cases to verdict involving claims for personal injury, property damage, contract disputes and constitutional civil rights violations. You can contact him at 716-854-4300 ext. 225 or [email protected]
