Symbol of law and justice

New York Slip and Fall Statute of Limitations: What You Need to Know


Posted on June 28, 2018 by

If you’ve suffered injuries in a slip and fall accident in New York, understanding the statute of limitations is crucial to protecting your legal rights. Under New York personal injury law, you typically have three years from the date of the incident to file a claim. Failing to meet this deadline can result in losing your right to pursue compensation for medical expenses, lost wages, and other damages.

What Does the Statute of Limitations Mean?

A statute of limitations is a legal deadline that determines how long an individual has to file a lawsuit after an accident or offense. The time limit depends on the nature of the claim and the jurisdiction.

Why Do Statutes of Limitations Exist?

  • Encourage plaintiffs to pursue claims promptly.
  • Prevent cases from becoming “stale” due to lost evidence or fading memories.
  • Protect defendants from unfair legal exposure decades after an incident.
  • Ensure the judicial process remains fair and efficient.

For serious crimes, such as murder, there may be no statute of limitations, allowing legal action at any time. However, for personal injury cases, strict deadlines apply.

New York Law Regarding Slip and Falls

The New York statute of limitations for slip and fall accidents is generally three years from the date of the incident. However, some circumstances may extend or shorten this deadline.

Key Legal Timeframes for Slip and Fall Cases in New York

  • Standard Deadline: Three years from the accident date (CPLR § 214(5)).
  • Government Property Claims: Stricter deadlines apply:
  • Notice of Claim: Must be filed within 90 days of the incident.
  • Lawsuit Deadline: Legal action must begin within one year and 90 days.
    • Minors or Mentally Incapacitated Individuals: The statute of limitations may be paused until they turn 18 or regain competency.

If you miss the deadline, even by one day, you lose your right to compensation—there are no exceptions. Acting quickly ensures your legal rights remain protected.

Why You Must File a Slip and Fall Claim Without Delay

Waiting too long to take legal action can weaken your case due to:

  • Lost Evidence: Security footage, property hazards, and accident reports may no longer be available.
  • Unreliable Witnesses: Over time, witnesses may forget key details or become unreachable.
  • Strict Filing Deadlines: Courts enforce these deadlines strictly—late claims are automatically dismissed.

Get Legal Help from a Brooklyn Personal Injury Attorney

A slip and fall injury can lead to long-term disabilities, financial strain, and even fatal consequences. If you’ve been injured in Brooklyn, seeking legal assistance immediately is essential. While three years might seem like plenty of time, delays can cost you your right to compensation.

Don’t risk losing your case—take action now. Contact The Law Office of Jeffrey K. Kestenbaum for experienced New York personal injury representation.

Call (718) 237-5586 or fill out our form to schedule a free consultation.

Williamsburg Bridge Street Scene in Brooklyn, New York City

Understanding Implied Warranty of Habitability


Posted on May 30, 2018 by

Being a landlord is no easy task. Landlords must meet strict requirements in New York. They can’t just take the monthly rent and do nothing. They have to fulfill certain obligations to tenants throughout the terms of the leases. If they don’t, the tenant has the right to file a landlord negligence claim and receive compensation for damages.

Continue reading →

A man working on the roof

Traumatic Brain Injuries Caused by Roofing Accidents


Posted on May 24, 2018 by

Construction is one of the most dangerous job industries. There are so many elements involved, such as electricity, heights, tools and machinery. One of the most dangerous is heights, particularly roofing. Working on a roof is no easy task, especially when inclement weather is involved. One of the biggest concerns for roofers is traumatic brain injuries.

Continue reading →

Watch for turning vehicles sign

NYC Bicycle Safety Tips for 2018


Posted on April 19, 2018 by

Riding a bike through the countryside doesn’t quite prepare you for the challenges you will face if you ever decide to bike through the concrete jungle of New York City. Driving in such a busy city can be challenging enough; riding a bike can be absolutely terrifying.

With so many cars and pedestrians, dangers abound everywhere. One wrong move can lead to a collision with a car that can cause serious injuries and even death.

Continue reading →

Female warehouse supervisor speaking with a group of employees

OSHA Fall Protection Rules and Regulations


Posted on March 31, 2018 by

Safety is one of the most important considerations in any construction project. To be sure, construction incorporates electricity, heights, and machinery, making it one of the most dangerous industries. In fact, it has the third-highest rate of workplace fatalities.

Accidents happen quite often, even when there are supervisors on hand. Many of these accidents involve falls. Falls account for 30 percent of fatalities in the construction industry.

Continue reading →

A person about to slip on green marbles

If Someone is Injured On Your Property, Are You Liable?


Posted on March 27, 2018 by

A friend comes over to your house and slips on a patch of ice while walking up your driveway. In another incident, a trespasser sneaks into your backyard, falls down a hill and breaks an arm. Are you, as a property owner, responsible for either of these incidents?

Under premises liability law, property owners have a duty to avoid exposing people to an unreasonable risk of harm due to a natural or artificial condition. The law states that if the property owner should be aware of the risk and does not remedy the situation in a timely manner, then he or she could be considered negligent and potentially held liable in a lawsuit requesting compensation for damages.

Continue reading →

Manhattan Bridge, New York City

What Goes into Determining Wrongful Death?


Posted on February 27, 2018 by

When a person is killed by another person’s accidental or intentional acts, it is considered wrongful death. The surviving family members of the victim may be able to file a wrongful death claim against the liable party. This allows the family to receive compensation for damages, whether or not the liable party is convicted of a crime.

However, each state has specific laws that apply. In order to receive any type of compensation, you must first prove that your loved one died a wrongful death.

Continue reading →

3D Illustrations of the Brain

Brain Injuries From Car Accidents


Posted on February 22, 2018 by

Car accidents can cause a host of injuries, depending on the impact involved. Some victims suffer lacerations, broken bones and neck injuries such as whiplash. Head injuries are also common. In fact, motor vehicle accidents are the third most common cause of traumatic brain injuries (TBIs).

Brain injuries are no laughing matter. While most (75 percent) are minor, others are moderate to severe in nature. Some can even affect a person for the rest of their life. Read on to learn more about the different types of brain injuries and the effects they have on the human body.

Continue reading →

Snow covers a stoop and nearby tree in New York City's Upper West Side townhomes.

Landlord Negligence in the Winter Months


Posted on January 29, 2018 by

It’s cold this time of year in New York. Temperatures drop below freezing, sometimes bringing ice, rain, winds and heavy snow.

The extreme weather conditions bring about concerns regarding snow, heating, and rodents, especially for tenants. Landlords have a responsibility to provide livable conditions for tenants. With the average apartment in New York City renting for roughly $3,000 a month, you’ll want to know what exactly you’re getting for that kind of money. Who is responsible for snow removal? Do you have to pay for pest control?

Continue reading →

texting and driving is dangerous

Texting and Driving Accidents: What You Need to Know


Posted on January 25, 2018 by

Texting and driving is becoming more prevalent in our society. Virtually everyone has a smartphone nowadays, and many people want to be connected to it 24/7—even while driving. However, driving and texting is a dangerous activity that leads to many car accidents every year. Many cause serious injuries and even death. As a result, many states have enacted laws prohibiting drivers from using cell phones.

Continue reading →

Page 12 of 17
1 … 10 11 12 13 14 … 17