How Long Do You Have To File a Premises Liability Claim in New York?
After you get hurt on someone else’s property in New York, whether from slipping on a wet floor, falling down unsafe stairs, or due to inadequate security, the clock immediately starts ticking on your chance to take legal action. New York has strict rules called the “statute of limitations.” If you miss these deadlines, you lose your shot at compensation, even if it’s obvious the property owner was at fault.
Understanding these time limits is crucial if you’re thinking about filing a premises liability claim.
The Standard Deadline in New York
For most injuries on properties in New York, you have three years from the date of the accident to initiate your lawsuit. This three-year rule is codified under New York Civil Practice Law and Rules (CPLR) § 214(5). If you let that deadline pass, the court will almost always throw your case out, no matter how clear the property owner’s responsibility is.
Special Rules for Government Property Claims
Things get a bit different if you’re injured on government-owned property, such as a city sidewalk, public school, or transit station. You don’t just have fewer years to file your lawsuit; you also have additional steps. You must submit a Notice of Claim within 90 days of the accident, as per New York General Municipal Law § 50-e, notifying the government agency that you plan to sue.
After that, you have one year and 90 days from the date of your injury to actually file your lawsuit. Missing that 90-day notice deadline is a common reason these claims fail, so if your injury involves government property, time is of the essence.
Claims Involving Minors
If the injured person is under 18, New York typically “tolls” the statute of limitations until the minor turns 18. But don’t assume you can always wait. Putting things off can affect your right to compensation.
Wrongful Death from Unsafe Property
If someone dies because of an unsafe property, the timeline changes. You usually have two years from the date of death (not the accident) to file a wrongful death claim.
Why You Should Act Fast
Two or three years may seem like a long time, but it is risky to wait. Evidence in premises liability cases can disappear fast. For example, security footage may be erased, hazards may be fixed, and witnesses may forget what they saw.
Acting quickly can help you preserve crucial evidence like:
- Security camera video
- Maintenance records
- Photos from the scene
- Witness statements
- Medical records linking your injuries to the accident
In summary, you usually have three years to sue after suffering an injury on someone else’s property, but that window can shrink, depending on your case. The sooner you take action, the better your chances of proving your case, protecting your rights, and recovering your deserved compensation.
Contact a Long Island Premises Liability Lawyer
If you’ve been injured on someone else’s property in New York, don’t wait to protect your rights. Contact an experienced Long Island premises liability lawyer today at Jacobson Law to understand your deadlines, preserve evidence, and pursue the compensation you are entitled to.
Source:
nysenate.gov/legislation/laws/CVP/214
