Defective Design and Poor Maintenance of Roads Under New York Law
Most car crashes result from driver error, but sometimes poor road design or maintenance may play a role. For example, a lack of guardrails or a failure to repair a pothole could cause an accident that otherwise might have been avoided. This may open the door to a lawsuit against the government. The New York Court of Appeals has held that the government has a general duty to keep its roads in a reasonably safe condition. However, defective road design and poor road maintenance cases involve more complex rules than ordinary negligence claims.
Qualified Immunity for Highway Planning
In the 2016 case of Turturro v. City of New York, the Court of Appeals explained that the government must conduct a reasonable study of a dangerous traffic condition of which it is aware. This may trigger “qualified immunity” from liability for a highway planning decision if the government considered the same question of risk that a jury would consider in a negligence claim. Conducting a study does not completely shield the government from liability, though. A victim still may prevail in their claim if they can show that the study of a traffic condition is plainly inadequate, or there is no reasonable basis for the traffic plan.
Once the government puts a traffic plan into effect, it needs to monitor how it works and revise the plan if needed. The Court of Appeals also noted that the government may be held liable for an unwarranted delay in implementing a remedial plan.
Notice Requirements for Road Hazards
The duty to keep roads in a reasonably safe condition also means that the government must conduct proper maintenance. However, the government may enact laws limiting its liability for inadequate road maintenance to situations in which it received prior written notice. Section 7-201 of the Administrative Code of the City of New York, commonly known as the “Pothole Law,” provides an example of these rules. The Pothole Law prevents someone from suing New York City for an accident caused by a road hazard unless one of the following situations applies:
- The City had written notice of the dangerous condition
- The City had written notice of previous injuries or property damage resulting from the dangerous condition
- The City issued a written acknowledgment of the dangerous condition
Moreover, the City must have failed to repair or remove the dangerous condition within 15 days after receiving notice, or otherwise make the road reasonably safe. Other cities like Buffalo also have enacted notice laws, and the Court of Appeals has acknowledged their legitimacy.
Section 58 of the New York Highway Law limits the liability of New York State for injuries or damage caused by potholes or other “defects” in state highways. A victim can bring a claim against the State only if the accident occurred between May 1 and November 15.
