[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.