Prior written notice statutes are local laws enacted in almost all municipalities, be they towns, counties or cities, setting forth the types of defects and other conditions of which the municipality must have had prior written notice as a condition precedent to a lawsuit. The conditions may vary from one locale to another. Over time, the courts have carved certain narrow exceptions to the stringent requirements of these laws.
Recently, in San Marco v. Village/Town of Mount Kisco, 2010 WL 5104993 (Dec. 16, 2010), the Court of Appeals determined that a claim for injuries caused by negligent snow removal which resulted in hazardous black ice was actionable, despite the fact that there was no prior written notice. The Village/Town of Mount Kisco had local laws requiring prior written notice of various defects, including dangerous conditions from ice and snow, as a condition precedent to litigation.1 The Court analyzed the peculiar problems arising from ice and snow hazards which distinguish them from more enduring perils, such as uneven manhole covers and roadway defects, and discussed why they should be approached differently.
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