Statute of Limitations for Slip, Trip, and Fall Accidents in New York
After a slip, trip, and fall accident in New York, injured victims typically have three years from the date of the accident to file a lawsuit, though there are some exceptions to this rule.
Missing the filing deadline will likely result in losing your right to pursue justice and compensation, so it is crucial to understand the deadline that applies to your case and ensure you file in time. At Lever & Ecker, our experienced New York slip and fall accident attorneys can determine how New York’s personal injury statute of limitations applies to your case.
Topics On This Page
- When Does the New York Statute of Limitations Clock Start After a Slip, Trip, and Fall Accident?
- Slip, Trip, and Fall Lawsuit Filing Deadlines in New York by Property Type
- Exceptions to the Standard Slip, Trip, and Fall Time Limits in New York
- What Happens If You Miss the Filing Deadline for Your Slip, Trip, and Fall Case in New York?
- Why It’s Critical to Act Quickly After a New York Slip, Trip, or Fall Accident
- Contact Lever & Ecker to Understand How New York’s Statute of Limitations Applies to Your Slip, Trip, and Fall Accident
- New York Slip, Trip and Fall Client Testimonial
- New York Slip, Trip, and Fall FAQs
When Does the New York Statute of Limitations Clock Start After a Slip, Trip, and Fall Accident?
In most accident cases, the statute of limitations clock starts ticking on the date the injury occurred. However, some cases–like those involving delayed discovery, concealed hazards, or death–may involve a longer or shorter deadline. If your loved one passed away after being injured in a slip and fall accident, you only have two years after their death to file a lawsuit for compensation.
Slip, Trip, and Fall Lawsuit Filing Deadlines in New York by Property Type
The time limit to file a slip and fall lawsuit in New York varies based on who owns the property that you fell on. It is not always clear who owns what property, so it is important to seek legal advice immediately to identify all potentially liable parties.
- Private Property: If your accident occurred on a privately-owned New York residence, apartment building, or other private property, you have three years from the date of the injury to file a premises liability lawsuit against the property owner.
- Municipal Property: If your accident occurred on a municipal property, such as a poorly maintained city sidewalk or a transit station, you must file a legal Notice of Claim with the city within 90 days of the accident. Once you have given notice, you have one year and 90 days to file a lawsuit.
- State Property: If your accident occurred on a state property, you may need to follow additional filing procedures depending on where the accident occurred. Certain public authorities, like the Port Authority of New York, have a 60-day time limit for injured people to file a Notice of Claim.
Don’t Miss Your Dealine to File a Car Accident Lawsuit in New York
You may be entitled to compensation.
Exceptions to the Standard Slip, Trip, and Fall Time Limits in New York
In some cases, there are exceptions to the statute of limitations after a slip and fall accident. If the injured person is a minor or mentally incapacitated, the statute of limitations may be extended or “tolled.” Additionally, the case may be delayed if the at-fault party cannot be located or served–for instance, if they left the state. Municipal claims are subject to additional rules under New York General Municipal Law §§ 50-e and 50-i.
What Happens If You Miss the Filing Deadline for Your Slip, Trip, and Fall Case in New York?
New York courts generally dismiss cases filed after the New York slip, trip, and fall statute of limitations has expired. For this reason, it is crucial to consult a knowledgeable New York slip, trip, and fall lawyer at Lever & Ecker to understand whether you still have time to file. Our attorneys are motivated by helping people and genuinely making a difference in their lives, and we will do all we can to guide you to justice.
Why It’s Critical to Act Quickly After a New York Slip, Trip, or Fall Accident
After being injured in a slip, trip, and fall accident in New York, it is critical to contact an experienced attorney as soon as possible to understand how the statute of limitations applies to your case. In most slip and fall cases, certain factors come into play that are time-sensitive, such as:
- Evidence preservation
- Witness memory
- Medical documentation
Additionally, insurance companies involved in your case may use delay tactics or stall communication in an attempt to run out the clock. Acting promptly and filing your case immediately can help prevent this. At Lever & Ecker, our attorneys have experience dealing with and countering these tactics to protect our clients.
Contact Lever & Ecker to Understand How New York’s Statute of Limitations Applies to Your Slip, Trip, and Fall Accident
Slip and fall accident injuries can be severe and overwhelming, and you may feel like you don’t know how to move forward. The best first step is to contact Lever & Ecker’s New York slip, trip, and fall attorneys. With over 70 years of combined experience, our award-winning New York personal injury lawyers can determine how the statute of limitations applies to your case and inform you of all your legal rights and options. We have a successful track record of securing settlements for slip, trip, and fall victims across New York, including:
With offices in White Plains, the Bronx, and Queens, we help people injured in slip, trip, and fall accidents throughout New York State, including all five boroughs of New York City, all of Westchester County, and the surrounding counties. We make home and hospital visits, so if you can’t come to us, we’ll come to you. To get started on your case with a free consultation and learn more about how New York’s slip, trip, and fall statute of limitations affects you, contact Lever & Ecker online or reach out to one of our offices below:
- White Plains: (914) 288-9191
- Bronx: (718) 933-3632
- Queens: (347) 391-6337
New York Slip, Trip and Fall Client Testimonial
New York Slip, Trip, and Fall FAQs
Can you sue after falling in a parking lot in New York?
In New York, parking lot owners are responsible for keeping their premises reasonably safe by removing hazards and warning people about dangerous conditions. If they do not, they may be held liable for injuries you suffer as a result. If the parking lot you fell on is on public property, you will have to follow the legal procedures for that municipality, which likely involve filing a notice of claim within 60-90 days of the accident.
Can you sue after falling on a construction site in New York?
If you fell on a construction site in New York as a worker, you can seek relief through a workers’ compensation claim and a third-party lawsuit against any property owners or contractors who contributed to your injuries. If you fell on a construction site as a pedestrian, you may still be able to sue the property owner, depending on the circumstances.
Do I still have a case if I didn’t go to the hospital right away after my slip and fall accident?
If you do not seek medical attention immediately after a slip and fall accident, it will make it significantly harder to prove that your injury was caused by the accident. It is important to get examined and treated by a physician as soon as possible after the accident to give you the best chance of recovering compensation.
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