If you have been injured on government property in New York, it’s important to understand that the legal process is different from if the incident occurred on private property. You will face unique challenges, including the significantly shorter statute of limitations, which is the deadline for filing a lawsuit. Navigating these complexities requires an experienced Bronx Premises Liability Lawyer. Please continue reading as we explore the necessary steps for pursuing legal action against the government.
What is Premises Liability?
In New York, property owners have a legal duty to maintain a safe environment. This includes identifying and addressing potential hazards that could lead to devastating accidents. If a property owner fails to fulfill their duty of care and someone is injured due to dangerous property conditions, the property owner can be held liable for any resulting damages under premises liability laws. It’s crucial to understand that the government is subject to the same standards as private property owners.
Is There a Different Statute of Limitations for Injuries Sustained on Government Property?
First and foremost, it’s crucial to understand that each state has its specific laws and timeframes for filing claims. While the government is generally protected from lawsuits under the sovereign immunity doctrine, the New York Court of Claims Act allows individuals to sue the New York state government for negligence or intentional acts causing harm. However, when the state waives its rights, it imposes certain rules. The most notable is that those who intend to file a lawsuit against the government must file a Notice of Claim.
A Notice of Claim is a document that provides a government entity with timely notification of a potential lawsuit, enabling them to investigate the merits of the claim and potentially settle the matter before it reaches court. The statute of limitations for a personal injury claim is typically three years from the date of the injury. When it comes to claims against the government, the statute of limitations is much shorter. A Notice of Claim must be filed within 90 days of the injury. Failure to meet this deadline will result in the absolute bar of recovery.
If you have been injured on government property, it’s in your best interest to enlist the help of a determined Bronx premises liability lawyer from James Newman, P.C., who can help you navigate the complexities of this legal process. Don’t delay seeking legal guidance, as time is of the essence in these cases. Connect with our firm today so we can ensure you meet all deadlines and advocate for your rights to just compensation.
