Written notice statutes are an issue with respect to certain municipalities, cities, counties and towns. And what they have done is enacted these local statutes and local rules which require an individual to successfully prosecute a claim against them. The city must be put on written notice of the alleged condition that caused the individual to fall.
That does not happen often. You can have a situation where the mayor of the city of Buffalo falls over a defective condition on city property. But unless someone has actually written to the city and placed them on actual notice of that defective condition, there could be no claim. There is an exception to the rule where we can show the municipality itself created the condition; the written notice statute is no longer applicable. We will work to see if we can show the condition itself was created by employees of that municipality in order to overcome the written notice statute.