Reviewed by Laurence P. Banville, Esq.Frequently asked questions
How long do I have to sue for a slip and fall in New York?
Under CPLR §214, New York imposes a three-year statute of limitations on personal injury claims, including slip and fall cases. The clock starts on the date of your accident. If you do not file your lawsuit in Supreme Court before that deadline expires, your case will almost certainly be dismissed.
Is the deadline different if I fell on NYC sidewalk or city property?
Yes. If your fall happened on property owned or maintained by New York City or another municipal entity, you must file a formal Notice of Claim within 90 days of the accident under General Municipal Law §50-e. Missing this 90-day window can bar you from ever suing the City, even though the standard three-year filing deadline has not yet passed.
What does “actual or constructive notice” mean in a NYC slip and fall case?
To hold a property owner liable in New York, you generally must show they knew, or should have known, about the dangerous condition that caused your fall. “Actual notice” means the owner was directly told about the hazard. “Constructive notice” means the condition existed long enough that a reasonable owner inspecting the property would have discovered and corrected it. Establishing notice is one of the most contested issues in New York premises liability cases.
What happens if I miss the statute of limitations for my slip and fall?
If you file after New York’s three-year statute of limitations under CPLR §214 has expired, the defendant will almost certainly move to dismiss your case, and courts routinely grant those motions. Limited exceptions exist — such as cases involving minors or a defendant’s fraudulent concealment — but they are narrow. Speaking with a personal injury attorney as soon as possible after a fall is the only way to protect your right to compensation.