Suffering a slip and fall injury in Rockland County due to unsafe conditions on another person’s property can be overwhelming. It’s important to understand, however, that you have a limited amount of time under the statute of limitations to pursue a claim. In accordance with New York Civil Practice Law & Rules § 214, you typically only have three years from the date of the accident to pursue legal action, and 90 days to file a notice of claim if the accident occurred on government property. If you were involved in a slip and fall accident, contact a skilled New York injury lawyer for help.
What Is a Statute of Limitations?
A statute of limitations is a time constraint that a person has to begin pursuing legal action after being the victim of a crime or accident. It is simply the time frame in which you are legally allowed to file a lawsuit or claim. If you fail to file a claim within the statute of limitations, you are no longer entitled to compensation or damages, even if the claim is valid and negligence is clear.
What Is the Statute of Limitations for a Slip and Fall Lawsuit in New York?
The statute of limitations for each accident will be different depending on the state you are in. In New York, the statute of limitations for a slip and fall claim is 3 years. The three-year limit begins on the day of the accident. It is imperative to understand that this statute applies to injury cases in and around Rockland County.
Slip and fall cases are considered premises liability claims, which are governed in accordance with New York negligence law. As such, to prove a premises liability claim, the victim must be able to show that the property owner knew or should have known about the dangerous condition on their premises and failed to remedy it within a reasonable amount of time.
General Overview
- The standard slip and fall deadline in New York is three years from the date of the accident
- Governed in accordance with CPLR § 214
- Your case will likely be dismissed if you fail to file within the timeframe
- If you are injured by a government entity, you must file a notice of claim within 90 days
- If the injured party is under 18 years of age, the deadline may be extended
What Happens if a Government Entity Owns the Property?
If you are injured while on municipal, county, or state-owned property, the rules you must adhere to will vary. This is because government agencies have waived their sovereign immunity under the Tort Claims Act, which allows injured parties to file a claim. As such, under New York GMU § 50-E, a party injured on municipal property may pursue legal action so long as they submit a notice of claim within 90 days of the accident. Additionally, in New York, claims against a government entity must be filed within 1 year and 90 days of the accident.
Notice of Claim Requirements
When filing a Notice of Claim against a government entity, you must include:
- The date, time, and location of the accident
- The nature of the injuries you’ve suffered
- The grounds for liability
- The damages you are seeking
Failure to file a notice of claim within 90 days can result in a permanent bar on recovery for the damages you have suffered as a result of negligence.
Are There Exceptions That Can Extend the Deadline?
While the three-year rule applies in most situations, New York law does allow the tolling (pausing) of the statute of limitations for personal injury claims if extenuating circumstances exist.
Common Tolling Situations
- Minor injured
- If a minor under 18 years old is injured, the statute of limitations will not begin until their 18th birthday
- As such, the injured party will generally have until their 21st birthday to file a claim
- The defendant leaves the state
- Time may pause while the defendant is outside the state
- Legal incapacity
- Severe mental incapacity may delay when the statute of limitations begins
It is critical to note, however, that tolling rules are incredibly complicated and are not automatically applied in every case. As such, obtaining competent legal representation is critical to protecting your rights during these difficult times.
How Does Filing Early Help My Case?
If you are injured in a slip and fall accident in Nanuet, Spring Valley, Nyack, or anywhere in Rockland County, it’s generally in your best interest to file a claim as soon as possible. Even though you have three years to file per New York law, doing it sooner rather than later will benefit you, as the longer you wait, the more likely the evidence from your injuries or the scene of the crime may be lost. Additionally, many slip and fall cases also hinge on eyewitness testimony, and waiting too long can result in witnesses moving away or forgetting the details of the accident.
Slip and fall claims in Rockland County typically proceed through the New York State Supreme Court, which handles civil personal injury cases. Acting quickly can not only help your case but also ensure compliance with state procedural rules and local municipal notice requirements.
What Damages Can Be Recovered in a Slip and Fall Case?
If you are injured in a New York slip and fall case, understanding the compensation you may be entitled to is critical. Typically, you are eligible to recover both economic and non-economic damages.
Economic Damages
- Medical bills
- Future medical care costs
- Lost income
- Reduced earning capacity
- Property damage
Non-Economic Damages
- Pain and suffering
- Loss of enjoyment of life
- Mental anguish
- Scarring or disfigurement
- Permanent disability
Contact an Experienced Rockland County Slip and Fall Attorney
If you are injured in a slip and fall caused by dangerous property conditions, recovering the compensation you deserve is critical. However, as this process can be overwhelming, especially when healing from your injuries, working with experienced legal representation is critical. At Mitchell J. Schroeder, P.C., our firm understands how complicated these matters can be, which is why we are committed to helping you fight for the justice you deserve. Contact us today to learn how we can represent you.
