Slip and Fall Accidents Statute of Limitations in New York
New York Law Provides Most Injured Parties 3 Years to File a Slip and Fall Suit
Table of Contents
If you or someone you care for has sustained an injury resulting from a slip and fall case, you have 3 years from the date of injury to file a lawsuit.
There are cases where the statute of limitations is longer than 3 years, primarily when a minor child has been injured. In these situations, the 3-year countdown begins when the child turns 18.
However, it is important that you contact a lawyer immediately after your accident. This will ensure that evidence is preserved and your rights are protected.
Slip and fall accidents are often caused by negligence in maintaining property, such as not warning pedestrians about potential dangers and failing to promptly make repairs.
In New York, falls are a leading cause of deaths, hospitalizations, and emergency room visits, according to the New York State Department of Health. Older New Yorkers (age 65+) are at highest risk of serious injury or death from falls. According to a FAQ sheet released by the State, men have a higher risk of dying after a fall accident, but women have a higher risk of fractures. Get more answers to your questions here.
Special Time Limits for Slip and Fall Suits Against Government Agencies
If you slip and fall on government-owned property, and you believe this is due to negligence, there are different rules to follow if you intend to file a lawsuit. New York State has given special protections to cities, towns, and government faced with certain kinds of suits, including:
- School districts and Boards of Education
- Public transportation including Metro-North, the Long Island Railroad, MTA/NYC transit and public buses, and trains
- Public health providers, including hospitals, clinics and nursing homes
- Fire departments
If you intend to sue a government or government agency, you must first serve a Notice of Claim within 90 days of the incident. The recipient then has 30 days to request a pre-action hearing (called a 50-h hearing) or a medical examination of the injured person, which must occur within 90 days of receiving the Notice of Claim. The pre-hearing action is similar to an interview and takes place in the office representing the government.
Plaintiffs who intend to sue a municipality or agency in New York have one year and 90 days to file a lawsuit. A lawyer should be contacted immediately after a fall to help you with filing the notice of claim.
Don’t Fight for Compensation from a New York Slip and Fall on Your Own. Get Counsel.
New York’s slip and fall cases can be tricky to navigate, particularly if you’re trying to focus on recovering from an injury you think is due to someone else’s negligence. Don’t try to do this on your own. You will need the help of respected slip and fall attorneys at Belluck & Fox, LLP today.
Contact Belluck & Fox, LLP New York City office for a free consultation to discuss your case.