We don’t think twice when we hit a pothole or trip over a cracked sidewalk—until it causes serious damage or injury. But when city infrastructure fails to keep us safe, many victims wonder: Can I hold the city accountable? The answer isn’t always straightforward. Suing a municipality for poor road conditions or broken sidewalks is possible, but it involves specific legal rules and deadlines that differ from standard personal injury claims. In this blog, we’ll break down your legal rights, the challenges you may face, and what steps to take if you’ve been injured due to municipal negligence.
Understanding Government Responsibility for Public Spaces
Municipalities have a legal duty to maintain public spaces—including roads, sidewalks, parks, and government-owned buildings—in a reasonably safe condition. This includes repairing potholes, fixing uneven pavement, and keeping sidewalks clear of dangerous obstructions. When they fail to meet that duty, and someone is injured as a result, the local government can potentially be held liable.
However, unlike suing a private individual or business, filing a claim against a government entity comes with extra rules. These rules exist under what’s known as “sovereign immunity,” a legal doctrine that limits when and how governments can be sued.
When You May Have Grounds for a Lawsuit
Evidence of Negligence
To succeed in a case against a municipality, you must prove that the city or town was negligent. This means showing that:
- A dangerous condition existed (e.g., broken sidewalk, large pothole, unmarked hazard).
- The municipality knew or should have known about it.
- They failed to take timely action to fix it.
- That failure directly caused your injury.
For example, if a pothole had been reported multiple times but never repaired, and you suffered injuries in a car accident as a result, the city could be liable. On the other hand, if a storm caused sudden damage the city didn’t have time to fix, they may argue they weren’t negligent.
Notice Requirement
In many states, before you can file a lawsuit, you must first file a Notice of Claim with the municipality. This is a formal document informing them of your injury, how it happened, and that you intend to pursue compensation.
Each state—and sometimes each city—has strict deadlines for filing this notice. In New York, for instance, you generally have 90 days from the date of the incident to file the notice, and one year and 90 days to file the actual lawsuit. Missing these deadlines can result in your case being thrown out, no matter how serious the injury.
Common Scenarios Where the City May Be Liable
- Tripping on an uneven sidewalk slab that’s been damaged for months
- Injuries from slipping on unremoved ice outside a city-owned building
- Car damage or personal injury due to an unrepaired pothole on a public road
- Bicycle accidents caused by poorly maintained bike lanes
These are all situations where the city may be held responsible—if it can be shown they had sufficient notice and time to address the hazard.
Challenges You May Face When Suing a Municipality
Short Deadlines and Procedural Hurdles
As mentioned, the window for filing a claim is often much shorter when the defendant is a government entity. Many injured individuals wait too long, not realizing the clock is ticking faster than in a typical personal injury case.
Government Immunity
Sovereign immunity protects municipalities from certain lawsuits altogether. Some states give cities immunity for specific types of claims—especially those involving discretionary decisions, like how often to inspect sidewalks or which roads to repair first. Your case must fall within the exceptions to that immunity, which is why legal guidance is critical early on.
Proving Prior Knowledge
It’s not enough to show that a sidewalk or road was dangerous. You must show the city knew or should have known about it. That’s why documentation—such as prior complaints, maintenance records, or accident reports—is essential. Your attorney may need to file Freedom of Information Law (FOIL) requests to uncover this evidence.
What to Do If You’ve Been Injured by Poor Public Infrastructure
- Seek medical attention immediately. Your health comes first, and documented medical records are key to any claim.
- Take photographs of the scene. Capture the hazard that caused your injury, any nearby warning signs (or lack thereof), and your injuries if visible.
- Identify the exact location. Municipal liability often depends on jurisdiction. Note the street name, nearest address, and whether it’s city or state maintained.
- Get witness statements. If someone saw what happened or is familiar with the condition (e.g., a neighbor who’s seen it for months), get their contact information.
- File a Notice of Claim quickly. This is a crucial step and should be done with help from a personal injury attorney.
Why You Should Hire a Personal Injury Attorney
Cases against municipalities are not like ordinary slip-and-fall or car accident cases. They require:
- Mastery of complex deadlines and filing rules
- Experience gathering government maintenance and inspection records
- Strategy to overcome government immunity defenses
- Negotiation with city attorneys and risk management departments
A qualified attorney can assess the strength of your case, guide you through the process, and ensure no crucial step is missed. At Alan Ripka & Associates, we have years of experience helping victims recover compensation from both private and public entities. We know the strategies cities use to deny claims—and how to fight back.
Conclusion: Don’t Let City Negligence Go Unchallenged
Cracked sidewalks and crumbling roads are more than eyesores—they’re safety hazards. If you’ve been injured due to poor road conditions or broken public infrastructure, you may have the right to hold your municipality accountable. But time is short, and the legal path is complex. The sooner you act, the better your chances of success.
At Alan Ripka & Associates, we’ve helped countless individuals take on negligent municipalities and win. If you’ve been hurt by a city’s failure to maintain safe public spaces, don’t wait. Let us help you fight for the justice—and compensation—you deserve.
Contact Alan Ripka & Associates today for a free consultation. We’ll review your case, explain your options, and guide you every step of the way. Call us or visit alanripka.com to get started.
