N.Y. Highway Law § 139: County liable for injuries caused by defective highways and bridges

§ 139. County liable for injuries caused by defective highways and

bridges. 1. When, by law, a county has charge of the repair or

maintenance of a road, highway, bridge or culvert, the county shall be

liable for injuries to person or property and for wrongful death

sustained in consequence of such road, highway, bridge or culvert being

defective, out of repair, unsafe, dangerous or obstructed existing

because of the negligence of the county, its officers, agents or

servants. A civil action may be maintained against the county to recover

damages for any such injury or death; but the county shall not be liable

in such action unless a notice of claim shall have been made and served

in compliance with section fifty-e of the general municipal law, and

unless the action is commenced in compliance with the conditions set

forth in section fifty-i of the general municipal law.

2. Notwithstanding the provisions of subdivision one of this section,

a county may, by local law duly enacted, provide that no civil action

shall be maintained against such county for damages or injuries to

person or property sustained by reason of any highway, bridge or culvert

being defective, out of repair, unsafe, dangerous or obstructed unless

written notice of such defective, unsafe, dangerous or obstructed

condition was actually given to the clerk of the governing body of such

county or the county highway superintendent; and that there was a

failure or neglect within a reasonable time after the giving of such

notice to repair or remove the defect, danger or obstruction complained

of, or, in the absence of such notice, unless such defective, unsafe,

dangerous or obstructed condition existed for so long a period that the

same should have been discovered and remedied in the exercise of

reasonable care and diligence; but no such action shall be maintained

for damages or injuries to person or property sustained solely in

consequence of the existence of snow or ice upon any highway, bridge or

culvert, unless written notice thereof, specifying the particular place,

was actually given to the clerk of the governing body of a county or

county highway superintendent and there was a failure or neglect to

cause such snow or ice to be removed, or to make the place otherwise

reasonably safe within a reasonable time after the receipt of such

notice.

3. The county highway superintendent shall transmit in writing to the

clerk of the governing body of the county within ten days after the

receipt thereof all written notices received by him pursuant to a local

law enacted pursuant to this section.

4. The clerk of the governing body of each county shall keep an

indexed record, in a separate book, of all written notices, which he

shall receive pursuant to such local law of the existence of a

defective, unsafe, dangerous or obstructed condition in or upon, or of

an accumulation of ice or snow upon any county highway, bridge or

culvert, which record shall state the date of receipt of the notice, the

nature and location of the condition stated to exist, and the name and

address of the person from whom the notice is received. All such written

notices shall be indexed according to the location of the alleged

defective, unsafe, dangerous or obstructed condition, or the location of

accumulated snow or ice. The record of each notice shall be preserved

for a period of five years after the date it is received.