Slip and Fall Statue of Limitations

If you were injured in a slip and fall accident, you must file your claim fast! Learn about the slip and fall statute of limitations in Buffalo.

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Question:

How long do I have to file a slip and fall claim in New York?

Answer:

There are certain time limitations to filing slip and fall claims, just like any other claim. If it’s a case involving a municipality – say you’re walking down the City Hall steps and you fall on ice –you may only have 90 days to file what’s called a notice of claim with that municipality, and a year and 90 days from the date of the accident to file your actual lawsuit. When you’re involved with a municipal situation, you really have to make sure you act quickly and get your notices out, and do a quick investigation, so you can determine what, if anything, the municipality did that caused the condition resulting in your fall.Slip and Fall Statue of Limitations The other slip and fall situation is maybe a private entity. Usually there’s a three year statute of limitations to bring claims in the private entities. Say you’re going into a Walmart or some other “big box” store, and you slip on something on the floor or you slip on ice in the parking lot, usually they have three years to file a claim. Do we recommend waiting three years? Of course, we do not.

We preach over and over again that it’s good to get these claims filed and started right away, so we can make sure that we have our witnesses. We make sure that we have our video evidence preserved. Many times, these businesses have video and if you don’t put them on notice right away, they either destroy the video or it gets written over every 30 days, and you may have lost your opportunity to find critical evidence that will support your case.


Were you or a loved one seriously injured and have questions about the slip and fall statute of limitations in New York? Contact a Hamburg slip and fall lawyer at Chiacchia and Fleming today for a free confidential consultation and case evaluation. Let our experience work for you.

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