If you were injured on someone else’s property in New York, understanding the statute of limitations is critical. A premises liability claim must be filed within a specific time frame, and missing that deadline can mean losing your right to seek compensation altogether. Whether the injury occurred in a grocery store, apartment building, parking lot, or private home, knowing how long you have to act can make a major difference in your case.

At Law Offices of Jonathan Van Dina, PLLC, we can provide legal assistance to the Hicksville public and help injured individuals understand how New York’s filing deadlines apply to their specific situation.

Understanding Premises Liability in New York

Premises liability refers to injuries caused by unsafe or defective conditions on property owned or controlled by another party. These cases often arise from situations such as slip and falls, broken staircases, poor lighting, falling objects, or inadequate security.

To pursue compensation, the injured person must generally show that the property owner or occupier failed to maintain the premises in a reasonably safe condition or failed to warn visitors about known hazards.

The General Statute of Limitations in New York

In most New York premises liability cases, the statute of limitations is three years from the date of the injury. This deadline is set by New York Civil Practice Law and Rules (CPLR) § 214.

This means that if you were injured due to a hazardous condition on private property, you typically have three years from the day the injury occurred to file a lawsuit in civil court. If the case is not filed within this time frame, the court will likely dismiss it, regardless of how strong the underlying claim may be.

Claims Involving Government-Owned Property

Different rules apply when the injury occurs on property owned or maintained by a government entity, such as a city, county, or state agency. Examples include sidewalks, public schools, government buildings, or public transportation facilities.

In these cases, the timeline is significantly shorter:

• A Notice of Claim usually must be filed within 90 days of the incident
• The lawsuit must generally be filed within one year and 90 days from the date of the injury

Failing to meet the notice requirement can prevent you from bringing a lawsuit at all. Because these deadlines are strict and unforgiving, prompt action is especially important when public property is involved.

Exceptions That Can Affect the Deadline

While the three-year rule applies in many cases, certain circumstances may pause or alter the statute of limitations. For example, if the injured person is a minor, the time to file may be extended until after they turn 18. In some cases involving mental incapacity, the deadline may also be tolled.

On the other hand, there are situations where the time to file can be shorter, such as claims involving wrongful death or certain defendants. Determining the correct deadline depends on the facts of the case and the parties involved.

Why Acting Early Matters

Waiting until the last minute to file a premises liability claim can create unnecessary risks. Evidence may disappear, surveillance footage may be erased, and witnesses’ memories can fade over time. Taking action early helps preserve important details and strengthens the overall claim.

Even if you believe you have plenty of time, consulting with a legal professional sooner rather than later can help ensure all procedural requirements are met and deadlines are not missed.

Getting Guidance for Your Situation

Every premises liability case is different, and the applicable statute of limitations depends on several factors, including where the injury occurred and who owns the property. Understanding these details early can protect your ability to seek compensation for medical bills, lost income, and other damages.

At Law Offices of Jonathan Van Dina, PLLC, we can provide legal assistance to the Hicksville public by helping injured individuals understand their rights and the deadlines that may apply to their premises liability claims.