Slip and fall in New York: How long do I have to file a claim? | Sakkas, Cahn & Weiss, LLP

New York state law requires property owners to keep the property in good condition. More specifically, state law says the owner must use “reasonable care to keep the premises in a reasonably safe condition for the protection of all persons whose presence is reasonably foreseeable.” But what does this mean? Who does the law require actually keep the property safe? Is there a time limit to file a claim?

What does the law say about these cases?

First, it is important to note that slip-and-fall accidents and the laws that provide relief for victims are generally bound by state law. As such, the details may vary by state. Although the information provided in this piece is fairly broad, it is written focusing specifically on the application of New York law.

In most slip-and-fall cases, the victim will need to ask whether or not there was a defect in the property that caused their injury and who was responsible for the defective condition. The victim will need to review the details of the case to determine if there was a defect. In the past, the court has agreed that detergent spilled on a grocery store floor, cables that are not secured to the floor and icy sidewalks all qualified as a defect. The second question, the “who” of the case, generally falls to the property owner or individual or business in control of the property at the time of the accident.

How long do I have to file a claim?

In most circumstances, those who are injured in a slip-and-fall accident in New York have three years from the date of the accident to file a claim against the property owner. Depending on the details of the accident, it may be wise to use expert testimony to help build your case. This is especially true if the property owner is a municipality or government entity. The best strategy to build the case will depend on the details of the accident.