Under New York law, individuals injured in a “slip and fall” or “trip and fall” generally have three years from the date of injury to file a personal injury claim. However, the limit may be 90 days if the property owner is a city, town or municipality. Despite the statute of limitations, tolling is a legal doctrine that can pause or defer the 3 year “clock” set forth by a statute of limitations, such that a lawsuit may potentially be filed even after the statute of limitations has concluded. This applies to cases with underaged individuals waiting to turn 18.
Important: a 90 days limitation applies to cases against a City, Town, Municipality or State Agencies. For example, if you trip on a sidewalk next to a public school – the 90 day rule may apply. It requires preliminary pre-suit paperwork to be filed against a specific municipality. It is difficult to determine which time limit applies and each case needs to be specifically evaluated by a lawyer.