[HISTORY: Adopted by the County Legislature
of the County of Ulster by L.L.
No. 6-1980. Amendments noted where applicable.]
The County of Ulster must take all possible
action to place reasonable limitations upon its tort liability in
cases in which the basis of the action is the condition of property
which the County is responsible to repair or maintain. Ulster County
at this time is particularly desirous of limiting its tort liability
because of the increasing number of claims which have been filed against
the County in the recent past and the dramatic increase in the dollar
amount of recent jury verdicts and out-of-court settlements against
Ulster County and other municipalities. In accordance with the favorable
view of the New York State courts towards adoption by municipalities
of prior notice requirements as conditions precedent to liability
in certain tort cases, Ulster County enacts such a requirement for
suits involving alleged liability for the condition of certain property.
Such requirement will not only save money for Ulster County taxpayers
by eliminating certain tort claims, it will also limit injuries to
persons and property within the County by providing for written notice
of certain defects and consequently affording to the County an opportunity
to remedy such defects before accidents have occurred as a result
of their existence.
No civil action shall be maintained against
the County of Ulster for damages or injuries to person or property
sustained in consequence of any road, street, highway, bridge, culvert,
sidewalk, crosswalk, grating, opening, drain, sewer, parking lot,
building, structure, grounds, or real property, or any portion thereof,
being defective, out of repair, unsafe, dangerous, or obstructed,
including such condition resulting from an accumulation of ice or
snow thereon, and including a failure to warn of such condition, unless
at least 48 hours prior to the occurrence resulting in such damage
or injuries written notice of the defective, unsafe, dangerous and/or
obstructed condition of such road, street, highway, bridge, culvert,
sidewalk, crosswalk, grating, opening, drain, sewer, parking lot,
building, structure, grounds or real property, or any portion thereof,
relating to the particular place shall have been filed in the office
of the Clerk of the Ulster County Legislature and there was a failure
or neglect to remedy or remove the defect, danger or obstruction within
a reasonable time after the filing of such notice.
