What Is the Statute of Limitations for Premises Liability Cases In New York?

Posted in Premises Liability on December 23, 2025

New Yorkers work, shop, and often live on someone else’s property, making injuries that happen on someone else’s property a common occurrence. How long does an injury victim have to file a premises liability claim in New York?

According to New York’s Civil Practice Law & Rules, CHAPTER 8, ARTICLE 2 § 214, the law allows up to three years to file a claim under the state’s statute of limitations for personal injury cases.

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Understanding Premises Liability In New York

While we’d like to feel safe on any New York property, it’s not uncommon for a New York property owner to cut corners, fail to adequately inspect and maintain their property, or postpone necessary repairs, resulting in safety hazards that put others at risk. This is a breach of a property owner’s legal duty of care to those who lawfully enter their property.

When an individual suffers an injury caused by a property owner’s negligence, they have the right to seek compensation for their economic losses, pain, and suffering through a premises liability claim.

Knowing the statute of limitations for your case, as well as other timelines and considerations which a NYC premises liability lawyer can explain, is crucial for a successful claim.

Why Does New York Have a Statute of Limitations for Premises Liability Cases?

Like other states, New York places a time limit on how long a premises liability claim—or other personal injury cases—can go to court. This not only ensures that evidence remains available and that eyewitness testimony remains reliable if a case goes to court, rather than ending with a settlement from the at-fault party’s insurer. The statute of limitations also protects defendants, such as property owners, from living under the long-term threat of lawsuits.

If a case requires litigation, the injury victim (plaintiff) must file a lawsuit petition within three years of the date of the injury, or the court will refuse to hear the case. For this reason, insurance companies, including property-liability insurers, will not accept a claim filed after the state’s statute of limitations has expired.

Does the Court Ever Extend, or Toll, the Statute of Limitations for Premises Liability Claims?

Only in limited circumstances does the state extend the statute of limitations in personal injury cases, such as premises liability claims. If an injury victim is a minor when they suffer a preventable injury (broken bones, brain injuries, etc…) on someone else’s property, they have up to three years from their 18th birthday to file a claim.

If an injury victim discovers an injury later, such as a doctor diagnosing their backache as a herniated disk from an earlier slip-and-fall accident in a store, the statute of limitations begins on the date of the discovery, or when the injury victim should reasonably have discovered the injury. The court may also extend the statute of limitations for an injury victim who suffered an extended period of unconsciousness or incapacity after their injury.

It’s important to note that the personal representative of an injury victim’s estate has only two years after their death to file a wrongful death claim in New York.

Is the Statute of Limitations Different For Claims Against Government Entities?

Sometimes premises accidents in New York occur in public parks, city transit stations, and other government-owned properties. In these cases, different time limits and filing requirements apply. For instance, an injury victim must file a “Notice of Claim” to the appropriate government agency within 90 days of the injury date. Then, the government entity has up to 30 days after receiving the notice to respond.

A New York personal injury attorney can tell you more about how the state’s statute of limitations impacts your premises liability claim in New York under the unique circumstances of your case.