Not only can it be publicly embarrassing, but a slip-and-fall accident on someone else’s property can result in severe physical, emotional, and financial burdens that can follow you for years to come. As such, it’s natural to explore your legal options for recovering compensation for the losses you’ve wrongly endured. In New York, property owners are legally responsible for maintaining a safe environment for all who enter their premises. If the appropriate parties fail to mitigate the risks of accidents and injuries on their premises, they can be held liable for their negligence. However, you must file your claim within the legally prescribed time limit per the statute of limitations. If you fail to file your claim within the applicable time limit, you will relinquish your rights to take legal action for your losses. 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 Slip and Fall Lawyer can help you protect your legal rights.
How Long Do I Have to File a Premises Liability Claim in New York?
In the U.S., each state has its own laws regarding the time frame in which an injured party has the right to pursue a civil lawsuit. Essentially, the statute of limitations puts a strict time limit on when cases can be brought to legal proceedings. The statute of limitations in New York is three years. If you were injured in a slip-and-fall accident on someone else’s property, you must file your claim against the at-fault party within three years of the accident date.
However, you will have much less time to act if injured while on government property. This is because government entities are protected by sovereign immunity. This legal doctrine protects the government from lawsuits without its consent. You have to file a Notice of Claim. A Notice of Claim provides the governmental agency prior to the commencement of your lawsuit that they may be subject to a claim for damages. This notice allows them to investigate the merits of the claim.
What Happens If I Miss the Legally Prescribed Time Limit for Filing a Slip and Fall Claim?
As mentioned above, the statute of limitations provides you with a specific amount of time to file a lawsuit against an at-fault party. If you fail to file your claim within the legally prescribed time limit, you will face the absolute bar of recovery. This means that even if you would have won, you cannot obtain compensation for your damages. This is because missing this legal deadline means you forfeit your right to sue.
Although three years may seem like a long time, time is of the essence. It’s best to act sooner rather than later to protect your legal rights. If you’ve been seriously injured on someone else’s property, please don’t hesitate to contact an experienced lawyer from the Law Offices of Brian J. Elbaum, who can help you hold responsible parties accountable for their negligence.
