New York Laws
Article 6 - County Roads
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.

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