Notice of Claim

In order to bring a negligence claim against the government, it is necessary to file a notice of claim within a short period after the event that gives rise to the claim. The courts are very strict in interpreting the time period. Recently the Second Department in Werner v. Nyack Union Free School Dist.,(N.Y.A.D. 2 Dept.)held that the request by parents of a minor to file a notice of claim after an 8 month delay was not warranted. The parent's delay of more than 8 months following expiration of the 90-day period after her negligence claim against a school district arose from the student's injuries allegedly sustained by slipping on spilled water on the gymnasium floor. The Court found that this did not warrant leave to serve late notice of the claim. The parent's excuses for the delay were not reasonable. The student incident report and medical claim form prepared by school officials after the accident did not provide the district with actual knowledge of the essential facts of the claim. The district would be substantially prejudiced in its defense upon a grant of leave to serve late notice.