VIDEO FAQs

Are there time limits to sue for injuries in a New York trip and fall case?

Yes, there are time limits, and it depends on who you’re suing. If the defendant that you want to sue is a private party, building owner or operator, you have a three-year statute of limitations. That means if the lawsuit is not filed within that three-year time, it will be barred forever thereafter by reason of this statute of limitations.
If there’s a municipality involved or a government corporation, then there different rules. You have to file a notice of claim with that entity, with that responsible party, within 90 days. The lawsuit must be filed within one year and 90 days. That’s the basic rule. Of course, if you’re under 18, these time limits don’t begin to run until you turn 18, because you’re considered a minor when you’re under 18. If it’s against a municipality, the 90-day notice of claim still has to be filed within the 90 days of the accident, even though you might be a minor.