What Is Statute Of Limitations And How Is It Applied To Slip And Fall Cases?
What Does The Term “Statute Of Limitations” Mean, And How Does It Apply To Slip-And-Fall Cases?
The statute of limitations refers to the period of time one has to legally or formally commence a lawsuit after an accident.
New York has a different statute of limitations depending on the circumstances and on who is involved. If the city of New York is involved in a slip-and-fall case, because the city did not maintain or take care of a particular location, there would be a shorter statute of limitations. This means that the amount of time a person has to sue is much shorter than the time he or she would have if a private entity or individual were involved.
Usually, this statute of limitations for slip-and-fall accident cases involving private entities or individuals is three years. This means that the case must formally begin—be filed in court—within three years of the occurrence of the accident. However, if a governmental agency or entity is involved, like the City of New York, the statute is much shorter.
When dealing with the City of New York, for example, the statute of limitations is usually one year and 90 days. With other agencies, the time period could be even shorter. This is why a person must see a lawyer to receive guidance right away and gain knowledge of this very important legal issue.
In fact, it gets even more complicated with municipalities and other governmental agencies because, in addition to the statute of limitations, other legal requirements have time limitations before an actual lawsuit can be formally commenced in court.
This is referred to as a notice of claim requirement which is a precondition to filing a lawsuit. If the City of New York or another government agency is involved, a notice of claim must usually be filed within 90 days of the accident.
If the 90-day time period has passed, there are steps we can often take to seek permission to file the notice of claim late, but permission is needed from the court. Therefore, a person needs to see a qualified lawyer with experience as soon as possible to navigate these situations.
As you can see, many cases become very complicated.
For a free consultation call the Law Offices of Ira M. Perlman, P.C. & Robert D. Rosen, P.C. at 212-668-0100 or use our online contact form.