Posted on 08/27/26
You generally have three years from the time of a premises liability accident to file a claim in New York. This deadline is important because your right to legal action ends when this time limit expires. To protect your right to a claim, hire a trusted Buffalo premises liability attorney soon after your injury.
How Statutes of Limitations Work in Premises Liability Claims
Premises liability claims are used to recover compensation when property owners do not take care of their properties or fix dangerous conditions that can lead to a guest’s injuries. Statutes of limitations limit the amount of time a victim can file a claim against a negligent party, which is three years in New York (Civil Practice Law & Rules Chapter 8 Article 2 § 214). These deadlines help ensure claims are handled within a reasonable time frame.
Extensions and Exceptions to the Standard Time Limits in a Premises Liability Claim
The general statute of limitations can vary under specific circumstances. For example, the time limit to file a claim can be extended if the victim of an accident is a child. Minors are not considered to have legal capacity until they turn 18 years old. In these cases, the statute of limitations can be extended to three years after they come of age, according to Civil Practice Law & Rules Chapter 8, Article 2 § 208.
Premises liability claims against local governments are also an exception to the standard time limits. Government entities have immunity from liability in most cases, but employees who are negligent in their duties can be held liable. These types of claims often have a much shorter window of time to act. In New York, you must provide notice of written intent to file a claim within 90 days of the accident before you are allowed to take further action, per Civil Practice & Rules Chapter 8, Article 2 § 217-A.
Finally, some injuries may not develop right away after an accident. When this happens, the statute of limitations may not start until the point that the injury was discovered.
How to Make the Most of the Time You Have to File a Premises Liability Claim
With a limited amount of time to take legal action, you can maximize the time you do have by hiring a lawyer shortly after your accident. Gathering evidence after you have been injured, as well as openly communicating with your lawyer, can also help streamline the claim process. As your lawyer negotiates economic and non-economic damages in your case, they use tailored strategies to ensure your case is optimized for maximum return.
Do Not Wait to Hire Towey Law, PLLC
Towey Law, PLLC can help you calculate the remaining time left to file your claim when you schedule a free case review. We get to work for you so as not to waste any time pursuing the losses you have suffered. Set up a meeting today when you contact our office, and let us fight for you.