What Is the Slip and Fall Statute of Limitations in NY?

Suppose you’ve sustained an injury in a slip-and-fall accident and intend to sue the property owner. In that case, you must do so within applicable timelines, commonly referred to as the statute of limitations.

The statute of limitations for filing a slip and fall accident lawsuit in New York is three years.

If you fail to file a lawsuit within three years, the court may dismiss your claim. The clock starts ticking on the incident that caused the injury the day the accident occurs or when injuries are discovered.

Consider working with a trusted New York slip and fall attorney who can provide legal guidance and support in your pursuit of compensation.

What Is a Slip-and-Fall Statute of Limitations?

Each state, including New York, has a statute of limitations, a window where injured victims must file a lawsuit.

The statute of limitations exists for several reasons, including:

• To Protect Evidence:  A delay in filing a lawsuit increases the chances of losing evidence and a recollection of the events. The statute of limitations ensures injured victims file claims promptly while all the involved parties can substantiate their allegations or defend themselves.
• Fairness: It is against natural justice to have a constant threat of a slip-and-fall lawsuit. Since there is a window to bring a slip-and-fall lawsuit, the injured victims can solve the claim and move on.

Circumstances When the Statute of Limitations is Extended

The law allows an extension of the slip-and-fall statute of limitations for the following reasons:

• If the injured victim is below 18 years, the statute of limitations will commence to apply after turning 18 years.
• If you’re of unsound mind, the statute of limitations will apply once a physician certifies that you’re of sound mind.
• If the at-fault property owner or defendant leaves New York at any time during the claim. In that case, the statute of limitations will cease counting until the at-fault party returns to the state.

The statute of limitations three-year deadline only applies to private individuals and organizations. If you wish to bring a claim against a government agency or their employee, you must give a notice of claim to the agency in question within 90 days from the date of the slip and fall accident.

Once you’ve served a notice, you must file a lawsuit within a year and 90 days from the date of the incident. An injured victim who fails to file a notice of claim within 90 days loses their right to pursue a claim.

You can resolve your case faster and obtain compensation by settling out of court instead of going to trial. Be sure to work with an experienced slip-and-fall attorney who can negotiate a settlement on your behalf and maximize your chances of a fair outcome.

Get Legal Help From an Experienced Slip-and-Fall Attorney

Slip-and-fall accidents result in severe injuries such as head injuries, nerve damage, and hip fractures. Although you’re entitled to damages under personal injury laws, the claim process is complicated.

Even so, you can enhance your chances of a positive outcome by working with an experienced attorney at The Barnes Firm.

Contact us online or at (800) 800-0000 for a free case evaluation.

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Richard Barnes – President of The Barnes Firm

Richard Barnes: “As President of The Barnes Firm, I have dedicated my career to achieving justice in hundreds of cases for the victims of injuries caused through the fault of others. Additionally, I have been honored to have been elected Best Lawyer and a Super Lawyer”

Years of Experience: 30+ years
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