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Quick Answer: What Is the Slip and Fall Statute of Limitations in New York?
In most New York slip and fall cases, you have three years from the date of the accident to file a lawsuit under CPLR § 214.
However, if your fall occurred on government owned property in Nassau County, Suffolk County, or New York City, you may have only:
• 90 days to file a Notice of Claim under General Municipal Law § 50-e
• One year and 90 days to file a lawsuit under General Municipal Law § 50-i
Missing these deadlines can permanently bar your claim.
You can review the official statute here:
CPLR § 214
https://www.nysenate.gov/legislation/laws/CVP/214
What Is the 3 Year Rule for Most Slip and Fall Cases in NY?
Under CPLR § 214, personal injury lawsuits must generally be filed within three years from the date of the incident.
This applies to falls occurring at:
• Grocery stores
• Restaurants
• Shopping centers
• Apartment buildings
• Commercial properties
• Private homes
Whether your injury happened in Garden City, Mineola, Hempstead, Huntington, Brooklyn, Queens, Manhattan, the Bronx, or Staten Island, the three year deadline typically applies when suing a private property owner.
If you are unsure whether you have a valid case, review:
https://thebongiornolawfirm.com/blog/help-after-long-island-slip-and-fall/
What If You Slipped on Government Property in Long Island or NYC?
Claims against municipalities follow stricter rules.
If your fall occurred on property owned by:
• The City of New York
• A town or village in Nassau or Suffolk County
• A public school
• A county building
• A sidewalk owned by municipality
You must comply with the New York General Municipal Law.
Under General Municipal Law § 50-e, you must file a Notice of Claim within 90 days.
Under General Municipal Law § 50-i, you generally have one year and 90 days to file suit.
Official statute reference:
https://www.nysenate.gov/legislation/laws/GMU/50-E
NYC Notice of Claim procedures can also be reviewed through the NYC Comptroller’s Office website.
These deadlines are strictly enforced. Courts routinely dismiss late filings.
Learn more about liability in these cases:
https://thebongiornolawfirm.com/blog/who-is-liable-for-a-slip-and-fall-accident-in-new-york/
What Happens If You Miss the Slip and Fall Filing Deadline in New York?
If the statute of limitations expires:
• Your case can be dismissed permanently
• You lose the right to recover medical bills, lost wages, and pain and suffering While courts may sometimes allow late Notices of Claim under limited circumstances, it is never guaranteed.
Why You Should Not Wait Even If You Have Three Years
Even though New York law allows three years in most cases, waiting can seriously weaken your claim.
Slip and fall cases often depend on:
• Surveillance footage
• Maintenance and cleaning logs
• Incident reports
• Weather data
• Witness statements
Many businesses delete surveillance video within 30 days.
Early legal intervention allows attorneys to:
• Send preservation letters
• Secure photographic evidence
• Identify all responsible parties
• Determine whether municipal notice rules apply
For a deeper breakdown of how strong cases are built:
https://thebongiornolawfirm.com/blog/slip-and-fall-accidents-in-new-york-your-rights-and-how-the-bongiorno-law-firm-builds-winning-cases/
Explore our full resource center:
https://thebongiornolawfirm.com/blog/slip-and-fall/
Do Snow and Ice Slip and Fall Cases Have Different Deadlines?
The filing deadlines remain the same. However, snow and ice cases in Nassau County, Suffolk County, and NYC often involve additional defenses, including:
• Storm in progress doctrine
• Prior written notice requirements
• Municipal maintenance rules
• Comparative negligence under CPLR Article 14-A
Determining property ownership quickly is critical.
Are There Exceptions to the New York Slip and Fall Statute of Limitations?
Certain situations may modify the deadline:
Minors
If the injured person is under 18, the statute may be tolled. However, municipal Notice of Claim rules may still apply.
Mental Incapacity
The statute may be tolled in limited circumstances.
Wrongful Death
If a slip and fall results in death, a two year wrongful death statute may apply under New York law.
These exceptions are technical and highly fact specific. Immediate legal review is essential.
Frequently Asked Questions
How long do I have to sue for a slip and fall in NY?
In most cases, three years from the date of the accident under CPLR § 214.
What if I slipped on a NYC sidewalk?
If the sidewalk is municipally owned or maintained, you must file a Notice of Claim within 90 days and file suit within one year and 90 days under General Municipal Law §§ 50-e and 50-i.
Does the deadline change if I slipped in a store?
No. Claims against private property owners generally follow the three year statute.
What happens if I miss the 90 day Notice of Claim deadline?
Your case may be dismissed. Courts sometimes allow late notices of claim.
How do I determine who owns the property where I fell?
An attorney can conduct a property ownership search, municipal investigation, and title review to identify the correct defendant before deadlines expire.
Can I still recover if I was partially at fault?
Yes. Under New York’s comparative negligence rules, your compensation may be reduced by your percentage of fault but not automatically barred.
Injured in a Slip and Fall in Nassau County, Suffolk County, or NYC?
Time matters. Deadlines are strict. Evidence disappears quickly.
At The Bongiorno Law Firm, we immediately investigate, preserve critical evidence, and ensure every statutory deadline is met.
We Care. We Fight. You Win.
Schedule your consultation today:
https://thebongiornolawfirm.com/contact-us/
Attorney Advertising. Prior results do not guarantee a similar outcome. This article is for informational purposes only and does not constitute legal advice.
