Legal Question in Personal Injury in New York

Tire blown due to towns tree spike on curb.

My tire was blown due to a tree spike that was sticking about 2-3 inches into the road on the curb where I parked. The Mayor of the town says it is there responsibility to keep up with the spikes and make sure they are out of harms way. He also says that the NYS law ''clearly'' states that it is not there responsibility for any damages that may occur due to the spike. He compared it to snow plows hitting mail boxes. Not the same if you ask me. It would not suprise me if he is right in what he said, but I know that they clearly did not maintain the spikes. That particular one for a long period of time, they let snow build up over it and bend it out of shape and they even admited to knowing it was there. Do I have a leg to stand on here according to the law? Is it even worth a small claims court hearing? Any comments on this issue would be more then helpfull and greatly apprieated. Thanks a lot.


Asked on 3/20/07, 9:57 am

1 Answer from Attorneys
Jason Stern Law Offices of Jason Stern

Re: Tire blown due to towns tree spike on curb.

It's definitely worth pursuing in small claims court. Just be sure you follow the proper procedure by serving a notice of claim on the city/town within the prescribed time limitations. I think you may find that the town offers to reimburse you for your damages once they are served with the suit.

Good luck!

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Answered on 3/23/07, 4:15 pm


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