Slip And Fall Statute of Limitations in NYC
If you have been injured in a slip and fall accident and are planning to sue the at-fault property owner or possessor, you must do so within the applicable time limit – commonly referred to as the statute of limitations. If you fail to do so, you might lose your right to pursue a claim altogether.
What is the statute of limitations for slip and fall claims in New York City? Why does it matter? Can it be extended under some circumstances? We take a look at the answers to all these important legal questions in this post.
Statute of Limitations for Filing a Slip and Fall Claim in New York City
The deadline for filing a slip and fall claim – or any other type of tort claim for that matter – is three years. The three-year time period for filing the claim starts right from the date on which the accident occurred.
What Happens If You Fail to File the Claim Within the Legally Prescribed Time Limit?
If you fail to bring the claim within three years, you will no longer be able to sue the at-fault property owner or possessor. If you try to file a lawsuit after three years, the at-fault property owner or possessor can file a motion in court and get your case dismissed. This does not mean that your case needs to be completed withing three years, just filed.
Are There Any Circumstances Under Which the Statute of Limitations Can Be Extended?
Yes, there are a few circumstances under which the deadline for filing a slip and fall claim can be extended. These include:
- If you are under the age of 18, the deadline for filing the claim will start only after you turn 18.
- If you are of unsound mind, the deadline will start only after you are declared sane by a qualified physician.
- If the at-fault property owner or possessor leaves New York City before you can file a claim, or if they relocate to a different part of the city and starts living under a false name, their period of absence or the period during which they were living under a false name will not be counted as part of the three-year deadline for filing the claim.
Statute of Limitations for Filing a Slip and Fall Claim against New York City
It should be noted that the aforementioned three-year deadline is only applicable for private individuals and organizations. If you need to bring a claim against a government agency, you are required to give a notice of claim to the agency in question within 90 days from the date of the accident. After serving the notice, you are required to file the lawsuit within one year and 90 days from the date of the accident.
If you fail to serve the notice of claim within 90 days, you will permanently lose your right to pursue the claim.
Looking to File a Slip and Fall Claim? Get Our Top-Rated NYC Premises Liability Lawyers on Your Side
Slip and fall claims can be complicated any misstep on your part can make it harder for you to recover the compensation you are entitled to or disqualify you from pursuing a claim altogether. This is especially true when the defendant in your case is a city or state agency.
The personal injury attorneys at the Law Offices of Michael S. Lamonsoff have an in-depth understanding of New York’s premises liability laws and have the legal knowledge, experience, and resources to take on even the most complicated of slip and fall claims.
Led by award-winning personal injury attorney Michael S. Lamonsoff, our legal team is committed to fight tirelessly on your behalf and can get results that most others cannot.