Statute of Limitations for Slip and Fall Claims in New York

If you are hurt in any type of accident, filing a lawsuit might be the last thing on your mind. Your days might be filled with doctor’s appointments, therapy, and figuring out how to deal with the pain. Yet there are certain deadlines that you must meet if you want to pursue compensation for your losses. 

In New York, the statute of limitations for personal injury claims, including slip and fall cases, is 3 years. With a few limited exceptions, if you don’t file a lawsuit within 3 years, then your case will be dismissed. Our New York slip and fall accident attorneys can help make sure that your case is filed on time and that you get maximum compensation for your losses.

Based in Melville, The Odierno Law Firm Accident and Injury Lawyers represent clients throughout Long Island. We help individuals in Suffolk and Nassau Counties get justice in all types of personal injury cases, including slips and falls, car accidents, and boating accidents. Reach out to our law offices today to schedule a free consultation with a New York premises liability lawyer.

The Statute of Limitations for New York Slip and Fall Cases

Slip and fall cases are considered premises liability claims, a type of personal injury matter. These claims are usually based on a theory of negligence or carelessness. To win a slip and fall case, the injured party (plaintiff) has the burden of proving that the property owner (defendant) was negligent in some way.

Generally, property owners have a duty to maintain their property in a reasonably safe condition. The exact nature of this duty will depend on the property owner’s relationship with a visitor (i.e., whether or not the visitor was legally on the property and the purpose of their visit). Typically, this duty requires a property owner to either fix or warn people about any dangerous conditions that they either knew about or should have been aware of with the exercise of reasonable care.

For example, consider a situation where you fall after stumbling on a piece of broken concrete while walking into a local business. The broken concrete is considered a hazard. If the business didn’t repair the concrete or somehow warn patrons about the issue, it could be responsible for your injuries.

Of course, there are many complexities in premises liability law. Our New York slip and fall attorneys can help you determine whether you have a viable claim. This includes an evaluation of how the statute of limitations affects your case.

In New York, the statute of limitations for most personal injury claims (including premises liability) is 3 years. This means that you have 3 years from the date of your slip and fall accident to file a lawsuit. If you do not file your case within that time, then a court will likely dismiss it. As a result, you will lose your legal right to pursue compensation against the property owner.

The statute of limitations “clock” starts running for most personal injury cases on the date of the accident or injury. In other words, if you fell at a store in Long Island on August 1, 2025, you can file a lawsuit until August 1, 2028. If you don’t file a timely lawsuit, then the court might dismiss your case on its own, or the property owner will seek to have the case dismissed. The end result is that you won’t be able to get money for your medical bills, lost wages, pain and suffering, and other losses.

There is a shorter statute of limitations for claims against a state, county, or local government agency. If you fell on government property, then you have 90 days to file a Notice of Claim with the appropriate government agency. They will then have 30 days to respond. For any personal injury claim against the government, a lawsuit must ultimately be filed within 1 year and 90 days of the accident.

It can be hard to manage things like deadlines when you are focused on recovering from your injuries after a fall. Our New York slip and fall lawyers can help you understand your rights and ensure that your lawsuit is filed on time.

Are There Exceptions to the Statute of Limitations?

There are some situations where the statute of limitations may be extended past the 3-year deadline. An injured person might have extra time to file a lawsuit if there is a specific reason why they are unable to file a lawsuit within 3 years. This may occur because the person was under the age of 18 at the time of the accident or was suffering from a serious mental health condition.

In these situations, the clock for the statute of limitations will start when the person becomes competent (i.e., is no longer suffering from mental health issues or has reached the age of 18). In either case, a lawsuit must usually be filed within 10 years of the injury. It may also be possible for a person with legal authority, such as the parents of a minor child, to file a lawsuit on behalf of the injured person.

New York law also permits extra time to file if the at-fault party is not in the state when they harm the victim. For example, if you fall on property in New York that is owned by someone who lives in Florida, then you may have extra time to file a lawsuit.  

Similarly, if the at-fault party leaves New York after the accident for at least 4 months or uses a false name, then the time limit is extended. In these cases, the time that the person was out of state or using a fake name will be subtracted when calculating the statute of limitations deadline. These exceptions are helpful in cases where the plaintiff might find it difficult (or impossible) to track down a defendant in order to file a lawsuit.

There are a lot of complexities when it comes to the statute of limitations and calculating time periods. If you have any questions about whether it is too late to file a slip and fall lawsuit, you should contact a Long Island personal injury attorney immediately. They can advise you of your rights and help you get a lawsuit filed in a timely manner.

Why Is the Statute of Limitations Important?

The statute of limitations can seem incredibly unfair, yet it does serve an important purpose. It is actually designed to promote fairness for both parties.

First, no one wants a potential claim hanging over their head for years without end. Putting a time limit on filing a lawsuit gives both parties certainty. That is why there is a statute of limitations for almost every type of criminal and civil case.

Second, the statute of limitations makes sure that the best possible evidence is available. Over time, a lot of evidence is lost or destroyed, and witness memories fade. By filing a lawsuit soon after an accident, you will have the most possible proof of what occurred.

3 years might seem like a long time, but it can go by quickly when you are dealing with other issues. The best way that you can protect yourself and your legal rights is by consulting with an attorney as soon as possible. Our law firm can evaluate your case, advise you of your rights, and help you make a decision about how to proceed.

If you decide to hire our team, we will get to work right away to build a strong claim for compensation. This includes requesting important evidence like photos and videos of your fall so that they can be preserved. We will also interview witnesses, request incident reports, and gather your medical records. At the same time, we will perform legal research to support your case for compensation.

Most personal injury claims, including slips and falls, are resolved outside of court. It is often still necessary to file a lawsuit to protect your rights under the statute of limitations. Settlement negotiations will still continue after a lawsuit is filed.

Filing a lawsuit does not mean that your case will go to trial. Instead, it is a way to make sure that you don’t give up the legal right to sue. It also allows your attorney to start requesting documents from the defendant through the discovery process. 

If you are hurt in a Long Island slip and fall, don’t hesitate to call our law firm. We will work hard to protect your rights and get you maximum compensation for your injuries. 

Hurt in a Slip and Fall? Reach Out Today.

New York’s 3-year statute of limitations puts a time limit on your ability to file a lawsuit for a slip and fall case. If you have been injured in a fall on someone else’s property, you should schedule a free consultation with a lawyer as soon as possible. Our Long Island premises liability attorneys will zealously advocate for your right to fair compensation.

At The Odierno Law Firm Accident and Injury Lawyers, we are skilled at helping fall victims get the money that they deserve for their injuries. We handle all cases on a contingency fee basis, which means that you’ll never pay a fee unless we recover money for you. To learn more or to schedule a free initial consultation with a Long Island slip and fall lawyer, give our law offices a call at 631-973-6221 or fill out our online contact form.

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Why Hire a Long Island Slip and Fall Attorney: Maximizing Your Injury Claim