How Long Do You Have to File a Slip and Fall Claim in NY?

When pursuing compensation for fall injuries suffered on someone else’s property, time is one of the most important factors in your case. New York gives injured individuals more time to file claims than some other states, but the statute of limitations can still bar your claim if you wait too long. Once you hire an experienced slip and fall attorney, they will track all deadlines for you—but missing the statute of limitations entirely ends your right to sue. Given these stakes, handling your claim without legal guidance is a significant risk.

What Is the Personal Injury Statute of Limitations in New York?

In New York, the statute of limitations for most personal injury claims — including slip and fall accidents — is three years from the date of the accident (CPLR §214).

If a loved one dies from their fall injuries, a wrongful death claim must be filed within two years of the date of death (EPTL §5-4.1).

New York does not apply the discovery rule to slip and fall claims. This means the clock always begins on the date of the fall, even if you did not immediately realize the full extent of your injuries.

How Does This Deadline Affect a New York Slip and Fall Case?

The statute of limitations is strict and unforgiving. Filing even a single day late generally results in:

• The insurance company is refusing to consider your claim, and
• A judge dismissing your lawsuit before it ever reaches the merits.

Once the deadline expires, your legal right to pursue compensation is gone entirely.

Are There Any Exceptions to New York’s Statute of Limitations?

Exceptions exist, but they are rare and require a strong showing of proof. Two of the limited tolling circumstances that might apply include:

• Defendant Out of State (CPLR §207): If the defendant left New York before you could serve them with court papers, the statute may be paused until they return or can be served.
• Fraud or Concealment: If the defendant’s fraud prevented you from discovering your injury or locating them for service, you may qualify for additional time.

However, courts apply these exceptions narrowly, and most slip and fall claims will not qualify for tolling.

Why You Should Not Wait to Start the Claims Process

Even though you may technically have years to file, waiting too long can seriously damage your case. Evidence can fade or disappear, witnesses may become difficult to locate, and video footage is often overwritten within days or weeks. As time passes, your attorney may face significant obstacles in proving fault.

In some cases, you and the insurance company may negotiate for a period of time. But if settlement discussions fail, your attorney still must file suit before the statute of limitations expires. Leaving little time can create strategic risks and may even cause an otherwise valid claim to be lost.

Contact the Cheektowaga Slip and Fall Lawyers at Dan Chiacchia Injury Attorneys

If you have been injured on someone else’s property, speak with the Cheektowaga slip and fall lawyers at Dan Chiacchia Injury Attorneys as soon as possible. We will evaluate your case during a consultation and explain the deadlines that apply to your claim. To schedule your free case review, message us online or call 716-648-3030 today. Our office is located in Hamburg, NY, and we serve clients throughout the surrounding areas.