What Is the Statute of Limitations for Slip and Fall Cases In New York?

Posted in Slip and Fall Accidents on May 29, 2026

If you’ve been injured due to a property owner’s negligence, you have the right to file a personal injury claim. Slip-and-fall accidents are a category of premises liability claims against a negligent property owner. After you’ve begun to move forward from the injury recovery process, your mind may turn to your legal options for recovering your financial losses, but how long do you have? What is the statute of limitations for slip-and-fall accidents?

The New York State Unified Court System states the following:

“… Other negligence resulting in personal injury: 3 years from date of accident.”

Contact a slip and fall attorney in New York to pursue compensation for your injuries — call (212) 564-2800.

Understanding Negligence In New York Slip-and-Fall Claims

Slip-and-fall accidents fall under the three-year statute of limitations for personal injuries because they are caused by property owner negligence. In New York, property owners have a duty of care to those who legally access their property. This duty of care requires them to take reasonable measures to prevent injuries. Typically, “reasonable measures” means regularly inspecting the property, recognizing safety hazards—such as slip-and-fall dangers—and making prompt repairs or placing warning signs until repairs are made. If a property owner fails to uphold this duty, it’s negligence, leaving them liable for damages in a slip-and-fall personal injury claim. Most claims are filed against the property owner’s liability insurance. While the majority of cases end in a settlement, a slip-and-fall accident lawyer prepares the case as if for court throughout the process.

Under the three-year statute of limitations for personal injury cases, a slip and fall injury victim must file a lawsuit petition in court within three years of the accident date, or the court will refuse to hear the case. Insurance companies understand the court’s time limit and will not honor a claim filed past the statute of limitations.

Why Have a Statute of Limitations for Slip-and-Fall Cases In New York?

Like other states, New York sets a statute of limitations for personal injury cases to go to trial. This time limit helps ensure that evidence remains available and that eyewitness testimony stays reliable during the investigation, the settlement negotiations, or in court.

The three-year statute of limitations in New York also protects defendants against living under the indefinite threat of lawsuits.

Are There Ever Exceptions to the Statute of Limitations For New York Slip-and-Fall Injury Claims?

There are only limited exceptions to the statute of limitations, allowing the court to extend the time limit. Under the disclosure rule, if a slip-and-fall victim discovers an injury later, the statute of limitations begins on the date of the discovery. For instance, if a doctor diagnoses a nagging backache as a compression fracture from an earlier fall, the time limit begins on the date of the discovery rather than the date of the fall.

If a minor suffers a serious injury in a slip-and-fall accident (traumatic brain injury, etc…), they have up to two years from the date of their 18th birthday to file a claim.

In rare circumstances, the court may extend the time limit for an injury victim who was unconscious or incapacitated for a significant period after the fall.

A New York premises liability attorney will evaluate your claim and give you more information about how the state’s statute of limitations affects you under the unique circumstances of your case.