FAQs • Smithtown, NY • CivicEngage

Is the town generally liable when it causes damage to property?: Every situation is different and the only way to know for sure is to file a proper notice of claim with the Town Clerk. The matter will be investigated and a determination as to liability will be made.

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Town Attorney

1. I have a legal problem, or a problem involving one of my neighbors. May I get legal advice or assistance from the Town Attorney?: The Office of the Town Attorney represents the Town of Smithtown, the Town Board and town officials. It does not represent town residents, individually. If you have a legal problem you may contact a private attorney to discuss your options. If your concern relates to a possible violation of the Town Code, you may contact the Department of Public Safety, at 631-360-7553.

2. Is the town generally liable when it causes damage to property?: Every situation is different and the only way to know for sure is to file a proper notice of claim with the Town Clerk. The matter will be investigated and a determination as to liability will be made.

3. The town damaged my property (e.g., a town vehicle hit my car). Will I be compensated?: Generally, the town may only be liable for property damage when it is caused by the town’s negligence. When a town vehicle causes property damage while it is engaged in work on a road, however, the town is not liable unless it is determined that the driver was reckless, and not merely negligent.

4. A town tree or a branch from a town tree damaged my property. Will I be compensated?: Generally, the town may only be liable for property damage when it is caused by the town’s negligence. When a town tree or a branch from a town tree damages private property, the town may only be liable for property damage when it is determined that the town had knowledge or notice that it was likely to cause such damage due to disease, damage or other similar condition, but it failed to reasonably address the matter.

5. My property was damaged during a hurricane or a severe storm. Will I be compensated?: Generally, the town may only be liable for property damage when it is caused by the town’s negligence. Where the damage results from an “Act of God,” e.g., a hurricane, tornado, or other severe weather event, and not from the town’s own negligence, the town is not liable.

6. My car was damaged when it hit a pothole on a town road. Will I be compensated?: Under Town Code § 245, the town will not be liable for such damage unless a written notice of such defective, unsafe, dangerous or obstructed condition is filed with the Town Clerk at least 15 calendar days prior to the event giving rise to the alleged claim. The filing of the written notice by itself, however, is not a guaranty that compensation will be paid. Upon filing a proper notice of claim with the Town Clerk, the matter will be investigated and a determination as to liability will be made.

7. Do I need advance approval to use town property for an activity my organization is planning?: Yes. Please start by submitting a letter detailing all of your plans to our office, including the location, dates, times, number of people attending, equipment to be used, and purpose of the event.

8. How do I get a copy of a public record?: Please submit our Freedom of Information (FOIL) request form to the Office of the Town Attorney by email to townattorney@smithtownny.gov or fax to 631-360-7719.

9. What is the Notice of Claim procedure once it is filed with the Town Clerk?: Your claim will be logged in with the Town Clerk and then forwarded to the Town Attorney. Your claim will be investigated. Once we have enough material to make a proper decision, you will be notified in writing of the town’s decision. If the town agrees to compensate you, it must be approved by resolution of the Town Board. Then a check will be processed and forwarded to you. The time frame varies depending on many factors and details of your individual case.