If you have been injured in a slip-and-fall accident on someone else’s property due to unsafe premises conditions, you may have a valid premises liability claim for compensation. However, to pursue legal action against a negligent party, you must file your case within the prescribed time per the statute of limitations. The statute of limitations dictates how long, after specific incidents, a case may be started based on those events. If you fail to file your claim within the applicable time limit, you may lose your right to pursue a claim altogether. That said, it’s in your best interest to enlist the help of a knowledgeable Bronx Premises Liability Lawyer who can help ensure you file your claim within the suitable timeframe. Please continue reading to learn how long injured parties have to file a slip and fall claim in New York to seek monetary compensation for the damages endured.
What is New York’s Statute of Limitations for Filing a Premises Liability Claim?
Firstly, individuals have the right to expect the places they walk through or visit to be free of danger. Essentially, they have the right to reasonably assume that a property owner has taken the necessary steps to mitigate the risks of accidents. However, many property owners fail to uphold their legal responsibility, resulting in hazardous conditions and catastrophic injuries. If a property owner or manager knew about a dangerous condition on their premises and failed to keep their property safe, you can file a premises liability claim to recover damages for your pain, suffering, and other losses.
It’s crucial to understand that states differ in the rights they afford under the law to people injured on someone else’s property and the time frame in which injured parties can take legal action. The statute of limitations in New York is three years from the accident date. However, if you were injured on government property, you have much less time to act. If you plan to take legal action against a municipality, you must file a Notice of Claims within 90 days of the accident.
What Happens If You Fail to File a Claim Within the Legally Prescribed Time Limit?
If you fail to file your slip and fall claim within three years, you will relinquish your right to sue the at-fault property owner or possessor for their negligence. If you file a claim after the strict legal deadline, the at-fault party can file a court motion to dismiss the case. Failure to file your claim within the legally prescribed time limit will ultimately result in the absolute bar of recovery.
Therefore, even though three years may seem like a substantial amount of time to file your claim, it’s in your best interest to act sooner rather than later. If you are ready to move forward with your premises liability case, please don’t hesitate to contact a skilled lawyer from James Newman, P.C., who can help you navigate your legal options and fight for the compensation you need.
