When you enter a property, you are entrusting that the appropriate parties are upholding their legal duty to maintain safe premises to prevent serious accidents and injuries. When you are injured on someone else’s property, it can be extremely overwhelming. While you are recovering, you may wonder whether there is a deadline for how long you have to pursue legal action against a property owner. If you decide to pursue legal action that falls within your rights, it is imperative to understand certain legal rules such as the statute of limitations for filing a claim. Keep reading to learn how long you have to file a premises liability claim in New York and discover how a trusted New York City Slip and Fall Lawyer can help you navigate the intricacies associated with this legal process.
What is the statute of limitations for premises liability claims in New York?
As in most states, the statute of limitations will affect whether you can file a claim against a negligent party to seek compensation for losses stemming from an accident. The statute of limitations for filing a premises liability claim in New York is three years. Essentially, this means you have three years from the date of the accident to pursue legal action against a negligent property owner. With any type of claim, there are strict time limits. With that being said, if you fail to file a claim within the right time frame, you will be barred from pursuing legal action to collect compensation for your damages in the future.
However, if you wish to commence a civil lawsuit against the state or a government agency for your damages, you will be required to file a Notice of Claim with the state or municipality. Essentially, you have less time to pursue legal action when you are injured on a state or city-owned property. You have to report the incident to a government agency within 90 days of the accident. Once the Notice of Claim is filed, a 30-day period begins before the lawsuit can commence. It is imperative to understand the time restraints on premises liability claims to ensure you do not accidentally forfeit your right to pursue legal action to recover monetary compensation for your economic and non-economic damages.
Furthermore, filing a claim within the right time frame does not necessarily mean you will be awarded financial compensation for your losses. Rather, the court will require you to fulfill the burden of proof. Essentially, you will have to prove that the property owner knew or should have reasonably known about the unsafe property conditions and did not take the necessary steps to remedy the issues. Ultimately, you will have to prove that the property owner’s negligence directly caused your injuries. Proving a property owner’s negligence can be challenging. However, with years of experience, a New York City slip and fall lawyer can help you gather evidence to fulfill the burden of proof.
For more information on premises liability claims, please contact one of our adept and dedicated team members. Our firm is committed to helping our clients seek reasonable compensation for their losses.
