Prior written notice A legal requirement that a municipality must have received written notice of a specific defect, such as a broken sidewalk, before it can be held liable for injuries that defect causes.
New York courts enforce prior written notice rules strictly: the notice generally must be in writing, describe the actual defect location and condition, and reach the official designated to receive it. In NYC the rule lives in § 7-201(c)(2) and applies to claims that still run against the City, such as falls next to exempt owner-occupied small homes. A 311 call alone may not qualify. Private property owners get no such protection, which is one more reason commercial and multi-family owners should treat visible sidewalk defects as urgent rather than waiting for a complaint.
Frequently Asked Questions About Prior written notice
What is prior written notice?
A legal requirement that a municipality must have received written notice of a specific defect before it can be held liable for injuries that defect causes.
What must the notice contain?
It generally must be in writing, identify the actual location and describe the defective condition, and be delivered to the official designated by law to receive it.
Does a 311 call satisfy the requirement?
Often not on its own. New York courts enforce the rule strictly, and verbal complaints or general awareness usually do not qualify as written notice.
Do private owners get this protection?
No. Prior written notice is a municipal defense. Private abutting owners in NYC are liable under 7-210 without it, which is why visible defects should be treated as urgent.