What is the Statute of Limitations for an NYC Premises Liability Claim?

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What is the Statute of Limitations for an NYC Premises Liability Claim?

Unfortunately, serious accidents and injuries occur virtually every single day here in the Big Apple. Often, these injuries are a result of unsafe property conditions. Fortunately, those injured due to dangerous property conditions may have a path to legal recourse, but they must take action sooner, rather than later. This is because there is a statute of limitations in place that regulates how long injured parties will have to file a premises liability claim. Please continue reading and reach out to a dedicated NYC personal injury lawyer from the Law Office of Richard M. Kenny to learn more about the statute of limitations for premises liability claims in New York and how our legal team can help if you’ve been hurt.

The Statute of Limitations for Most Premises Liability Claims in New York

Generally, the statute of limitations for most premises liability claims in New York is three years from the date of the incident, per New York Civil Practice Law & Rules (CVP) §214(5)1. This means that if you slipped and fell, tripped and fell, or were injured by a defective or dangerous condition on someone else’s property, you have three years from the date of your injury to file a lawsuit against the liable party. However, there are some exceptions and factors that can affect this deadline, such as the type of injury, the location of the injury, and more.

The Statute of Limitations for Filing a Notice of Claim

If you were injured on public property or by a public employee in New York City, such as a sidewalk, park, subway station, or school, you may have a premises liability claim against the city or the state. However, before you can file a lawsuit against a government entity, you must first file a notice of claim within 90 days of the incident, per CVP §50-e3. A notice of claim is a document that informs the government entity of your intention to sue and provides basic information about your claim.

Filing a notice of claim is a mandatory step that preserves your right to sue. If you fail to file a notice of claim within 90 days, you may lose your chance to recover compensation from the government entity. After you file a notice of claim, you must wait at least 30 days before filing a lawsuit. You must also file your lawsuit within one year and 90 days of the incident, per CVP §217-a3.

If you have any questions about your claim or wish to get started, simply contact the Law Office of Richard M. Kenny today.

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Our entire legal team is dedicated to providing the advice you need and the personalized attention you deserve. If you have been injured due to another party’s negligence, call 866-886-0892 or fill out our contact form to schedule a free consultation with a New York City personal injury lawyer. You may be entitled to financial compensation, which can help you on your road to recovery.

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