One of the most vexing hurdles plaintiffs must surmount in cases against municipalities for dangerous conditions on sidewalks and roadways is the prior written notice requirement. Prior written notice statutes provide, as a general matter, that unless a municipality receives written notice of the existence of a hazardous condition, it cannot be held liable for failing to fix it.

Prior written notice statutes are intended to protect municipalities from liability, and they function as intended. Even when there are longstanding dangerous conditions, it has, historically, been rare that members of the public will take it upon themselves to deliver formal written notifications to city officials.