man fallen down a stairwell injured

When you enter someone else’s property, you trust that they are exercising reasonable care and upholding their legal duty to maintain a safe environment to prevent accidents and injuries. Legally, property owners must remedy any unsafe property conditions in a timely manner. If they fail to do so, they can be held liable for any damages that occur as a result of their negligence. Unfortunately, victims are often burdened with various economic and non-economic damages. To seek financial compensation for losses stemming from an accident, victims must file a claim within a certain timeframe. Keep reading to learn how long you have to file a premises liability claim in New York and discover how our knowledgeable Westchester County Slip and Fall Accident Attorneys can help you file a claim within the right timeframe.

How long do I have to file a premises liability claim in New York?

If you have been injured in a slip-and-fall accident and wish to pursue legal action against a negligent party, you must do so within a certain timeframe. In New York, the statute of limitations for filing a premises liability claim is three years. Therefore, if you have suffered an injury on someone else’s property due to negligence, you must file a claim within three years of the date of the accident. If you do not file a claim within this timeframe you will relinquish your right to take legal action against that negligent party to collect compensation for damages stemming from the accident.

However, it is important to understand that if you were injured on a state or city-owned property, you would be required to file a Notice of Claim. In this case, a Notice of Claim must be served to the government agency you wish to take legal action against. Essentially, it must be filed to notify the municipality that you are filing a civil lawsuit against them. The filing deadline is much shorter than that of the statute of limitations as it must be filed within 90 days of the date of the accident. It is critical to understand the legal time limits for filing a claim to ensure you do not accidentally forfeit your right to take legal action against a negligent party.

It is important to note that even if you file a claim within the right timeframe you will still be required to fulfill the burden of proof. Essentially, when you bring a case against another party, you must prove to the court that they knew or should have reasonably known about unsafe property conditions and failed to fix them causing your injuries. You must prove that the property owner’s negligence directly caused your injuries. Fulfilling the burden of proof can be difficult. However, with years of experience, a dedicated Westchester County slip and fall accident attorney can help you gather pertinent evidence to fulfill the burden of proof.

For more information on premises liability claims, please contact one of our skilled and trusted team members. Our firm is committed to helping our clients hold negligent parties accountable.