Whether in a store, at a restaurant, or visiting someone else’s house, you reasonably assume that the appropriate parties have taken the necessary steps to prevent accidents and injuries. In New York, property owners have a legal duty to maintain a safe environment. When the appropriate parties fail to remedy hazardous property conditions, and someone is injured, they can be held liable for their negligence. If you’ve been injured on someone else’s property, you may be entitled to significant compensation for the damages you’ve wrongfully endured. However, to seek compensation, you must file your case within the prescribed time limit per the statute of limitations. The statute of limitations stipulates how long after certain incidents, a case may be initiated after those events. If you fail to file your claim within the legally prescribed time limit, you will lose your right to pursue a claim altogether. Please continue reading to learn how long you have to file a premises liability claim in New York and how a proficient New York City Premises Liability Attorney can help you navigate your legal options.
How Long Do I Have to File a Premises Liability Claim in New York?
Each state in the U.S. mandates a strict time frame in which a person has the right to file a lawsuit in civil court. This legally prescribed time limit is known as the statute of limitations. The statute of limitations in New York is three years from the accident date. However, if you were injured on government property, you will have much less time to file your claim. This is because you will have to file a Notice of Claim. Before the commencement of a lawsuit, a Notice of Claim provides the governmental agency that it may be subject to a claim for damages. This allows the government agency to investigate the merits of the claim. Therefore, if you were injured on government property, you must file a Notice of Claims within 90 days of the accident.
What Happens If I Miss the Legally Prescribed Time Limit?
If you fail to file your claim within the strict legal deadline of three years, you will face the absolute bar of recovery. Missing the legally prescribed time limit means you forfeit your right to take legal action. If you file your claim after the strict legal deadline, the at-fault party can file a motion with the court to dismiss the case.
Even though three years may seem like a long time, it’s in your best interest to act sooner rather than later to protect your legal rights to compensation. At Swerling Law, we understand the physical, emotional, and financial burdens of a slip-and-fall accident. If you’ve been injured on someone else’s property due to unsafe premises conditions, please don’t hesitate to contact our legal team today, who can help ensure you file your claim within the correct time frame.
