When you are injured while lawfully on someone else’s property, the property owner can be held liable if their negligence caused your injuries. Essentially, premises liability holds property owners responsible for losses stemming from the accident. Property owners in New York are required to maintain safe premises. Therefore, if any dangerous conditions exist, the property owner must remedy them promptly to prevent serious accidents and injuries. If they fail to attend to unsafe property conditions, they can be held liable for any damages that occur as a result of their negligence. Keep reading to discover how long you have to file a premises liability claim in New York and learn how our adept Bronx Premises Liability Lawyer can help you file a claim within the right timeframe.
What is the statute of limitations for premises liability claims in New York?
If you have been injured in a slip-and-fall accident because of a dangerous condition on someone else’s property, you are within your rights to take legal action to collect compensation. However, anyone that wishes to pursue legal action against a negligent party must do so within a certain timeframe. The legal timeframe you have to pursue legal action against another party is known as the statute of limitations. In New York, the statute of limitations for filing a premises liability claim is three years. Generally, you will have three years from the date of the accident to file a claim against a negligent property owner to collect compensation for your losses stemming from the accident. If you fail to file a premises liability claim within the statute of limitations, you will forfeit your right to take legal action in the future.
However, if you were injured on state or city-owned property, the statute of limitations is much shorter as there are strict notice requirements. When you are injured on property owned by a government agency you must file a Notice of Claim. It is imperative to note that a Notice of Claim is only required if you are taking legal action against a municipal corporation. In New York, every municipal agency is entitled to a Notice of Claim as this notifies the municipality you are taking legal action against them. A claim must be filed within 90 days of the date of the accident. The Notice of Claim must be filed with the municipal corporation rather than filing it with the court. If you fail to file a Notice of Claim within the right period, you will relinquish your right to take legal action in the future.
If you or a loved one has been injured on someone else’s property, you should contact an experienced Bronx premises liability lawyer from the law firm of James Newman, P.C. Our firm is committed to helping our clients get justice and collect fair compensation for their damages.