My 82 year old father was hospitalized the two racing bikers were not caught but the city should be responsible because it is against the law for bikers to rider (albeit speed) on sidewalk and injure someone and then leave scene of accident (hit and run) but rules for bikers are not strict enough and not enforced. Bikers should be registered, have ID, have license plate and take road test and be easily identified by license plate on bike and should be stopped if caught riding on sidewalk without leniency and should be fined and jailed bike is weapon
I am sorry, there is a well settled body of law holding that municipalities are not responsible for injuries to members of the public caused by their failure to enforce the law. The only exception is if the municipality undertook a duty specifically to the injured party. That does not seem to be the case here.
Unfortunately such a lawsuit would be doomed to fail. The courts have made it clear that absent a showing of what's known as a "special duty". Basically what that means is an agency of government is not generally liable for the negligent performance of a governmental function unless there existed a special duty to the injured person, in contrast to a general duty owed to the public.
So, just because you argue that the city was negligent in enforcing its bicycle laws (or for not creating stricter ones), because there was no special duty to protect your father from runaway bicyclists, the City cannot be held liable.
Your target for a lawsuit are the bicyclists themselves.
There is no case against the city. There is a viable case against the bikers, and the problem is that you do not know their identity. If the accident occurred within the past 30 days, consider surveillance footage of those establishments in the areas surrounding the accident. If you are successful in identifying the bikers, and if those bikers have any form of insurance (including if they live in a home that is insured), you may have a case against them.
Your father's claim appears to be better suited against the bike riders than the city. While I understand your situation and would certainly want more laws enforced for speeding bikers, the bikers are the ones that broke the law and therefore the city does not appear to be responsible for your father's injuries. I would consult a New York Attorney in regards to your father's case because his own insurance policy may be able to protect him in this situation.
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