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What is the statute of limitations for a premises liability claim?

David R. Cheverie, New York City premises liability lawyer at Hach & Rose, LLP, describes what the statute of limitations for a premises liability claim entails.

To speak with a New York City person…

Well, it’s not always the same. When you’re dealing with a private entity who owns either residential or commercial property, it’s 3 years from the date of the accident. However, if you’re dealing with a public entity, whether it be a municipality or a public authority, say the MTA or the City of New York, then there are certain requirements that are in place.

One being, what’s called a notice of claim, which means you have 90 days from the date of the accident to put the city of New York or whatever the public entity that owns that property on notice of the accident and the surrounding circumstances of that accident. And if that is not done within the first 90 days, you could be forever barred from bringing that claim and once the notice of claim is filed, you’ll then have 1 year and 90 days to commence the actual lawsuit against that public entity.

If you have been injured due to the negligence of a property owner, call the New York premise liability attorneys of Hach & Rose, LLP, at 212-779-0057 for assistance in filing a notice of claim or the claim itself.

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