What Is the Slip and Fall Statute of Limitations in New York?
Most New York slip and fall lawsuits must be filed within three years of the fall. If the City of New York or another public entity is responsible, you usually must file a notice of claim within 90 days, and the lawsuit within one year and 90 days.
In most cases, New York's slip-and-fall statute of limitations is three years from the date of the fall, but only when a private owner, landlord, or business is responsible. A fall on public property starts a much faster clock, and missing its first deadline can end a claim before it begins. If you were hurt in a fall anywhere in New York City, Washor Kool Sosa Maiorana & Schwartz, LLP can review your situation in a free consultation and help you identify the right deadline.
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Slip and Fall Statute of Limitations in New York: The Essentials
These rules decide whether most New York slip and fall claims are filed in time:
- Most lawsuits against a private owner, landlord, or business must be filed within three years of the fall.
- A fall on City of New York property or in a New York City Housing Authority (NYCHA) building usually requires a notice of claim within 90 days and a lawsuit within one year and 90 days.
- Claims against the State of New York go to the Court of Claims, where you must file a claim or notice of intention within 90 days.
- Being under 18 or mentally incapacitated can extend some deadlines, but the 90-day notice of claim still applies to public entities.
- For most New York City sidewalk falls, the adjacent building owner is responsible, and the three-year deadline applies.
Because the property owner decides which clock applies, identifying that owner is usually the first step.
Which Slip and Fall Deadline Applies to Your Fall?
| Who is responsible for the property | First deadline | Deadline to sue |
|---|---|---|
| A private owner, landlord, store, or other business | None before suit | 3 years from the fall |
| The City of New York or another public corporation | Notice of claim within 90 days | 1 year and 90 days from the fall |
| The State of New York | Claim, or notice of intention to file a claim, within 90 days | 2 years from the fall if a notice of intention was served in time |
| Wrongful death after a fall | For public defendants, a notice of claim within 90 days of the estate representative's appointment | 2 years from the date of death |
The exact deadline in your case depends on who owns and controls the property, the type of claim, and whether an exception applies.
How Long Do You Have to Sue a Private Property Owner in New York?
New York's Civil Practice Law and Rules (CPLR) set the deadline for most falls: under CPLR 214, you must file a personal injury lawsuit within three years. For a slip and fall, the clock generally starts on the day you fell, not the day you finished treatment or learned the full extent of your injury.
The three-year rule covers most falls in New York City, including falls in:
- Grocery stores, restaurants, and shopping centers
- Apartment buildings and their lobbies, stairwells, and hallways
- Office buildings and parking garages
- Private homes
- Sidewalks next to most commercial and apartment buildings, where the adjacent owner is responsible under section 7-210 of the NYC Administrative Code
In New York, a lawsuit is commenced when you file the summons and complaint with the court, so you must file within the three years. Under CPLR 306-b, you must then serve the papers on the defendant within 120 days of filing. Before that clock runs, you also need to know who may be liable in a slip and fall accident, since the papers must name the right defendant.
How Long Do You Have to Sue New York City After a Fall?
Claims against the City of New York and other public corporations follow two sections of the General Municipal Law: section 50-e sets the notice-of-claim rules, and section 50-i sets the deadline to sue. Many public authorities in New York City have notice requirements based on the same rules.
Step 1: Serve a notice of claim within 90 days
A notice of claim is a sworn written statement to the government. Under section 50-e, it must include:
- Your name and mailing address, and your attorney's, if you have one
- The nature of the claim
- The time, place, and manner in which the fall happened
- The injuries and damages you are claiming
It generally must be served within 90 days after the fall. For claims against the city, the NYC Comptroller's Office accepts personal injury claims, including online.
Step 2: Attend a 50-h hearing if one is demanded
After receiving your notice, the city may require you to answer questions under oath about the accident and your injuries. This examination is often called a 50-h hearing.
Step 3: File the lawsuit within one year and 90 days
You cannot file suit until at least 30 days have passed since you served the notice of claim without the claim being paid or adjusted. You must commence the lawsuit within one year and 90 days after the fall.
What if you missed the 90-day deadline?
A court may allow a late notice of claim. Judges consider factors such as whether the public entity learned the essential facts of the claim within the 90 days or shortly after, whether the injured person was a minor or incapacitated, and whether the delay harmed the entity's ability to investigate.
The request must be made before the deadline to sue expires, which for most adults is one year and 90 days after the fall. Permission is never automatic, so acting within 90 days is far safer than relying on a late application.
Claims Against the State of New York
Falls on state-owned property, such as certain state office buildings or state parks, go to the New York Court of Claims. Under section 10(3) of the Court of Claims Act, you must file and serve a negligence claim on the Attorney General within 90 days.
Extending the deadline with a notice of intention
If you serve a written notice of intention to file a claim within those 90 days, you then have two years from the fall to file the claim itself. The notice of intention does not start the case; it preserves your right to file the claim later.
Sidewalk Falls: Why the Deadline Depends on Who Owns the Property
NYC sidewalk cases are where deadlines cause the most confusion. For most sidewalks, the adjacent property owner is responsible under section 7-210, and the three-year rule applies.
The city remains responsible for sidewalks next to owner-occupied one-, two-, and three-family homes used only as residences, and for sidewalks next to city property. Those claims require a notice of claim within 90 days.
When ownership of the sidewalk is unclear
Many people cannot tell at the scene which rule applies. If there is any chance the city is responsible, serving a timely notice of claim preserves your rights while ownership is confirmed.
What Exceptions Can Change the Slip and Fall Deadline?
Injured children
Under CPLR 208, the statute of limitations generally does not run while an injured person is under 18. For a slip and fall against a private owner, that usually means a child has until three years after turning 18 to sue.
Infancy can also extend the time to sue a public entity, but the 90-day notice of claim still applies. A court may consider the child's age when deciding whether to allow a late notice, but parents should not count on that.
Mental incapacity
CPLR 208 also extends the deadline for someone who lacks the capacity to protect their legal rights when the claim arises. That extension cannot exceed 10 years from the date of the injury.
Wrongful death
If a fall takes the life of someone you love, the estate's personal representative generally must file a wrongful death action within two years of the death under section 5-4.1 of the Estates, Powers and Trusts Law. For claims against public entities, the 90-day notice-of-claim period runs from the appointment of the estate's representative. Proposals to lengthen this deadline have passed the Legislature but have been vetoed, so the two-year rule remains in place as of September 2026.
Why You Should Not Wait Until the Deadline Is Close
A lawsuit filed after the statute of limitations expires will generally be dismissed no matter how strong the claim, and a missed notice of claim can end a case against a public entity the same way. Even a three-year window is shorter than it looks, because the evidence in a slip and fall case disappears quickly:
- Security camera footage is routinely overwritten, sometimes within days
- Property owners repair broken steps, replace mats, and patch sidewalks
- Cleaning and inspection logs may be discarded
- Witnesses move, change jobs, or forget what they saw
Proving that the owner knew or should have known about the hazard usually depends on that evidence. Many people find it helpful to talk with a lawyer early, which gives them time to request footage and records and identify every responsible party, such as a management company or maintenance contractor, before any deadlines pass. For more on the rules that shape these cases, including New York's pure comparative fault standard, see how New York slip and fall law works.
Slip and Fall Statute of Limitations Questions Answered by Our New York Attorneys
We hear these timing questions often from people hurt in falls across New York.
Is there a deadline to report a slip and fall to the property owner?
No New York law sets a deadline for reporting a fall to a private store, landlord, or building manager, but a same-day incident report records when and where it happened. A store report or a 311 call does not replace a notice of claim, which is still due within 90 days if the City or another public entity may be responsible.
Do settlement talks with an insurance company stop the slip and fall deadline?
No. Talks with a property owner's insurer do not pause the three-year statute of limitations or the one-year-and-90-day deadline for public entities, so you may need to file a lawsuit while negotiations continue. Settlement representations from a public entity or its insurer are only one factor a court may weigh on a late notice of claim.
Does the deadline change if I fell in a NYCHA building?
Yes. Under section 157 of the Public Housing Law, a claim against the New York City Housing Authority requires a notice of claim within 90 days of the fall and a lawsuit within one year and 90 days. The notice goes to NYCHA itself, not to the NYC Comptroller.
What is the deadline for a slip and fall on the subway or a city bus?
Under section 1212 of the Public Authorities Law, a fall in a subway station or on a New York City Transit bus generally requires a notice of claim to the transit authority within 90 days and a lawsuit within one year and 90 days, the same timeline as a claim against the City.
Do the same slip and fall deadlines apply on Long Island or in Westchester?
Yes. CPLR 214's three-year deadline applies to falls on private property anywhere in New York State, including Nassau, Suffolk, and Westchester counties. Claims against a county, town, or village there need a notice of claim within 90 days and a lawsuit within one year and 90 days, and many towns and villages also require prior written notice of a sidewalk or street defect.
Speak With a NYC Slip and Fall Lawyer About Your Deadline
Washor Kool Sosa Maiorana & Schwartz, LLP helps people injured in falls across Manhattan, Brooklyn, Queens, the Bronx, and Staten Island identify every applicable deadline and meet it. Our attorneys have recovered over $1 billion for injured clients, and we also handle claims for injuries on unsafe property in New York beyond slips and trips. To speak with a NYC slip and fall lawyer in a free consultation, call us 24/7 at 212-406-1700 or visit our office in the Woolworth Building at 233 Broadway #2020, New York, NY 10279.
Every case depends on its own facts, and no outcome can be predicted or guaranteed. This article provides general information and is not legal advice.
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