Did you slip, trip, or fall on someone else’s property? Falls are incredibly common, with more than 46,000 injury-inducing falls happening in 2022 alone. Depending on the circumstances, the property owner may be liable for your injuries.
Filing a personal injury lawsuit against the property owner could allow you to claim compensation to cover your medical bills, time off work, and other expenses. But you’ll need to understand New York’s statute of limitations for slip-and-fall claims.
Your slip-and-fall accident lawyer in NYC will help you meet this deadline and keep your case on track so you can focus on recovering from your injuries.
What Does “Statute of Limitations” Mean?
If you’re considering taking legal action against a property owner after a slip-and-fall accident, you’ll likely encounter several legal terms you’re unfamiliar with. “Statute of limitations” is one of those terms that may not be in your vocabulary, but it plays a significant role in your ability to seek compensation.
A statute of limitations is a law that places a deadline on your time to file a civil lawsuit. This statute exists to prevent someone from taking legal action years or even decades after an accident occurs. Evidence dissipates over time, and trying to prove an event that happened 20 years ago — and quantify your damages — can be challenging.
Each state sets its own statutes of limitations for various types of civil claims. If you’re planning to file a civil lawsuit in New York, be sure to understand the deadline in this state.
Statute of Limitations for Slip-and-Fall Claims in New York
The statute of limitations for slip-and-fall claims in New York is three years from the date of the accident, according to CPLR 214(5). The same deadline applies to other personal injury claims, such as product liability cases and car accidents.
This means that you must file a lawsuit with the clerk of courts and provide a Notice of Claim within three years from your accident date. Your lawsuit does not need to be over within three years; instead, you just need to initiate it by the deadline.
However, if your slip-and-fall accident happened on public property and you are holding the city liable, your deadline is much shorter. You must give notice to the city within 90 days and file the lawsuit within one year and 90 days of the accident.
Unsure how the statute of limitations applies to your case? Contact a slip-and-fall accident lawyer to understand exactly how much time you have to file your claim.
What Happens If You Pass the Statute of Limitations?
Has three years already passed since the date of your accident? Unfortunately, you may no longer have an opportunity to file a premises liability lawsuit.
The court is strict with the statute of limitations. While you can still try filing a lawsuit, the defendant has the right to file a motion for dismissal, and the judge will likely grant it.
Instead, talk to a slip-and-fall accident lawyer about your options for seeking compensation. You may qualify for one of the exceptions to the statute of limitations or have the legal right to seek monetary payment another way.
Exceptions to the Statute of Limitations
In a few rare cases, a judge may grant an exception to the statute of limitations. This could temporarily “pause” the clock or push back the start date, giving you more time to file your slip-and-fall claim. However, understand that these exceptions don’t happen often, and you should still make every effort to file within three years.
- Minor: If you were under 18 at the time of the accident, the clock may not start running on the statute of limitations until you turn 18. The court understands that minors are not always in a position to take legal action.
- Undiscoverable injuries: Were your injuries from the slip-and-fall accident undiscoverable for some time? Maybe you initially received a clear medical evaluation, only to later find a latent injury that has caused you significant pain and steep medical bills. The judge may agree to push back the start date until the date of discovery.
- Mental incompetence: If your injuries left you without the mental capacity to file a claim for some time, the clock may not have started ticking until you regained mental clarity.
- Out-of-state defendants: Did the defendant in your slip-and-fall case flee the state for any period during the three years? You would not have been able to serve them with lawsuit paperwork during this time, and that period may not contribute to the statute of limitations.
Filing Your Claim: What To Do
Your ability to recover compensation after a slip and fall hinges on your filing a lawsuit by the three-year deadline. Here’s how to file your case and stop the clock from ticking:
- Hire a slip-and-fall accident attorney: First, seek legal assistance to determine whether you have a viable claim. Your premises liability lawyer in NYC can explain the concept of comparative negligence and help you determine how much you serve to gain through a lawsuit.
- Visit the Civil Court: You and your attorney will head to the Civil Court in New York County to fill out the necessary paperwork.
- Complete an Application for a Pro Se Summons: This application alerts the defendant of your intention to take legal action. Your slip-and-fall accident attorney can fill it out on your behalf.
- Pay a Fee: You’ll need to pay a small filing fee.
- Serve the summons: Someone over 18 years of age must officially serve the summons to the defendant. You can hire a Process Server if desired.
New York State sees more than three million civil cases each year, and this is the general process to initiate them.
Start Your Compensation Process Today With Our Slip-and-Fall Accident Lawyers
When you slip and fall in a retail store, at a friend’s house, or on any other property, you may have grounds for legal action if property owner negligence was at play. However, you must adhere to the statute of limitations to have any chance of securing compensation.
At Ross & Hill Personal Injury Lawyers, we provide legal guidance and representation for NYC slip-and-fall accident victims. Call today at 718-855-2324 for a free consultation with a slip-and-fall accident lawyer.
Frequently Asked Questions
What is a common cause of slip-and-fall accidents?
Hazardous flooring is a common cause of slip-and-fall accidents, leading to more than two million fall injuries each year. Property owners may be liable for your injuries if they fail to mitigate the hazard.
What is the legal term for a slip-and-fall case?
The legal term for a slip-and-fall case is a premises liability lawsuit. This term encompasses any type of injury that occurs on another person’s property for which the property owner is liable.
How long after a fall can pain start?
Pain can start within a few minutes of a fall but may not show up for days or weeks in some cases. Seek medical attention immediately after a fall on another person’s property to catch any underlying injuries.
How long after a fall can you make a claim?
You can make a claim as soon as a few days after a fall, granted that you have grounds to hold the property owner liable. However, be sure to file your case within three years of the accident date to stay within the statute of limitations. Consult a slip-and-fall accident lawyer if you are unsure of your deadline.
