§ 139 — County liable for injuries caused by defective highways and bridges

New York § 139

• Jurisdiction: New York
• Law HAY: Highway
• Art. 6: County Roads

Text

§ 139. County liable for injuries caused by defective highways and\nbridges. 1. When, by law, a county has charge of the repair or\nmaintenance of a road, highway, bridge or culvert, the county shall be\nliable for injuries to person or property and for wrongful death\nsustained in consequence of such road, highway, bridge or culvert being\ndefective, out of repair, unsafe, dangerous or obstructed existing\nbecause of the negligence of the county, its officers, agents or\nservants. A civil action may be maintained against the county to recover\ndamages for any such injury or death; but the county shall not be liable\nin such action unless a notice of claim shall have been made and served\nin compliance with section fifty-e of the general municipal law, and\nunless the action is commenced in compliance with the conditions set\nforth in section fifty-i of the general municipal law.\n 2. Notwithstanding the provisions of subdivision one of this section,\na county may, by local law duly enacted, provide that no civil action\nshall be maintained against such county for damages or injuries to\nperson or property sustained by reason of any highway, bridge or culvert\nbeing defective, out of repair, unsafe, dangerous or obstructed unless\nwritten notice of such defective, unsafe, dangerous or obstructed\ncondition was actually given to the clerk of the governing body of such\ncounty or the county highway superintendent; and that there was a\nfailure or neglect within a reasonable time after the giving of such\nnotice to repair or remove the defect, danger or obstruction complained\nof, or, in the absence of such notice, unless such defective, unsafe,\ndangerous or obstructed condition existed for so long a period that the\nsame should have been discovered and remedied in the exercise of\nreasonable care and diligence; but no such action shall be maintained\nfor damages or injuries to person or property sustained solely in\nconsequence of the existence of snow or ice upon any highway, bridge or\nculvert, unless written notice thereof, specifying the particular place,\nwas actually given to the clerk of the governing body of a county or\ncounty highway superintendent and there was a failure or neglect to\ncause such snow or ice to be removed, or to make the place otherwise\nreasonably safe within a reasonable time after the receipt of such\nnotice.\n 3. The county highway superintendent shall transmit in writing to the\nclerk of the governing body of the county within ten days after the\nreceipt thereof all written notices received by him pursuant to a local\nlaw enacted pursuant to this section.\n 4. The clerk of the governing body of each county shall keep an\nindexed record, in a separate book, of all written notices, which he\nshall receive pursuant to such local law of the existence of a\ndefective, unsafe, dangerous or obstructed condition in or upon, or of\nan accumulation of ice or snow upon any county highway, bridge or\nculvert, which record shall state the date of receipt of the notice, the\nnature and location of the condition stated to exist, and the name and\naddress of the person from whom the notice is received. All such written\nnotices shall be indexed according to the location of the alleged\ndefective, unsafe, dangerous or obstructed condition, or the location of\naccumulated snow or ice. The record of each notice shall be preserved\nfor a period of five years after the date it is received.\n