Statute of Limitations for Premises Liability in NY State

Understanding Premises Liability Deadlines 

After an accident, most people feel extremely stressed out. Whether you slipped on an icy sidewalk near Park Avenue or tripped on broken stairs in a downtown Rochester apartment building, it’s hard to focus on anything but the pain. But there’s one thing that can’t wait: time. In New York, the law gives you a specific window to take legal action. If you miss it, your right to seek compensation disappears.

At Horn Wright, LLP, we understand how overwhelming it is to deal with an injury. Our attorneys handle premises liability cases across Rochester and Monroe County, and we know how to move quickly when time matters. If you’re unsure about your deadline or next steps, our team can help you protect your rights and pursue fair compensation. We also represent individuals injured in slip and fall incidents throughout the Rochester area.

What Is Premises Liability Under New York Law?

Premises liability holds property owners responsible when someone gets hurt because they failed to keep their property safe. In Rochester and throughout Monroe County, this applies to homeowners, landlords, businesses, and even government agencies.

Let’s say you slip and fall on unshoveled steps outside a business on Monroe Avenue. Or maybe you trip over uneven pavement outside a store at The Mall at Greece Ridge. If the property owner knew about the hazard or should’ve known but didn’t fix it, they could be held liable for your injuries.

These cases often involve:

• Icy or snowy sidewalks
• Loose floor tiles or carpets
• Poor lighting in stairwells
• Broken railings or steps
• Spills in grocery store aisles
• Cracked sidewalks or potholes on private property

Under New York law, owners have a legal duty to maintain reasonably safe conditions. When they ignore that duty, injuries can happen. If you’re hurt on someone else’s property, you have the right to explore your legal options.

Statute of Limitations for Premises Liability

In New York, the statute of limitations for filing a premises liability lawsuit is three years from the date of the injury. That’s the legal deadline. Once those three years pass, the court will almost always dismiss your case, even if your injuries are severe.

Whether you fell at a rental property in the 19th Ward or tripped on a city sidewalk in front of the Monroe County Office Building, the same rule applies: the clock starts ticking the day you’re hurt.

This time limit covers accidents on:

• Residential properties (e.g., apartment complexes)
• Commercial properties (e.g., restaurants, stores, offices)
• Public properties (e.g., sidewalks, transit stations, city-owned lots)

Missing this deadline means you lose your right to sue for medical bills, lost income, and pain. The New York State Unified Court System provides more detail on applicable civil statute deadlines.

When the Clock Starts: Injury Date or Discovery?

In New York State, the statute of limitations begins on the date of the injury. This differs from some states that allow the clock to start when you discover the harm. Here, the law is clear and strict.

Let’s say you slipped on a wet floor in a grocery store near Goodman Street and broke your wrist. Even if you didn’t realize the full extent of the damage until weeks later, your three-year window began the day you fell.

That’s why it’s important to take action as soon as possible. Waiting too long to explore your legal options could cost you your entire case. In Monroe County courts, judges won’t bend the rules simply because you weren’t ready to file.

Exceptions That Shorten or Extend the Deadline

While the standard deadline is three years, certain situations may give you more, or less, time to file. These legal exceptions can make a big difference, especially if your case involves children or government property in Rochester.

Exceptions that can extend the deadline:

• Minors: If the injured person is under 18, the clock doesn’t start until their 18th birthday.
• Mental incapacity: If someone is mentally impaired at the time of the injury, the statute may pause until they’re legally competent.

Let’s say someone slips outside a Rochester Public Library branch and gets seriously injured. Because that’s public property, the timeline to act is much shorter. In cases like these, waiting even a few months can erase your right to file.

What Happens If You Miss the Deadline?

New York courts don’t offer second chances when it comes to the statute of limitations. If you file even one day late, your case will almost always get thrown out.

This rule applies just as strictly in Monroe County as anywhere else in the state. Judges follow the deadlines without flexibility. Even if the property owner clearly caused your injury, the court won’t hear your case once the statute expires.

That means you lose your chance to recover money for:

• Emergency room visits
• Ongoing treatment
• Missed work
• Long-term pain or disability

It also means the responsible party faces no consequences. That’s why acting early isn’t just smart, it’s necessary.

How Premises Liability Claims Move Through Monroe County Courts

If your injury happened in Rochester or elsewhere in Monroe County, you’ll likely file your case in the Monroe County Supreme Court on Exchange Boulevard. That’s the local court handling serious civil cases involving damages over $25,000.

Here’s how the process often unfolds:

1. File a summons and complaint before the statute of limitations expires
2. Serve the property owner with legal notice
3. Engage in discovery, including depositions and document exchange
4. Attend court conferences or possible mediation
5. Proceed to trial, if the case doesn’t settle

Local mediation programs may help resolve your case sooner, but even if you choose that route, the statute clock keeps ticking. Filing late, even if you’re deep in settlement talks, will still disqualify your claim.

Why You Should Act Quickly After a Property Injury

Beyond legal deadlines, there are practical reasons to move fast. The more time passes, the harder it becomes to prove your case. Evidence can disappear. Witnesses may forget what happened. And property conditions can change.

If you fell outside a restaurant on Alexander Street, you might only have a few days before security footage gets erased. Or if you slipped on ice near Rochester General Hospital, the sidewalk might get cleared before anyone investigates.

Early action helps you:

• Document unsafe conditions
• Collect witness statements
• Preserve video footage
• Secure medical records

Waiting may leave you with nothing but your word, and that usually isn’t enough to win in court.

Key Evidence in Premises Liability Cases

Building a strong premises liability claim requires more than just saying you got hurt. You need evidence. And the best time to gather it is immediately after the accident.

Here’s what can make or break your case:

• Clear photos of the hazard (wet floor, broken steps, etc.)
• Video footage from store cameras or security systems
• Witness names and contact info
• Detailed medical records linking the injury to the fall
• Property maintenance records (to show neglect)

If you don’t collect this evidence early on, it can become impossible to find later. In Rochester, many businesses don’t save video files beyond a week or two. That footage could be your strongest proof, and once it’s gone, it’s gone.

Don’t Wait to Protect Your Legal Rights

Injury claims have strict deadlines in New York, especially when someone gets hurt on unsafe property. If you were injured in Rochester or Monroe County, knowing the statute of limitations can help protect your future. But knowledge alone isn’t enough, you have to act.

Horn Wright, LLP, has helped many Monroe County residents understand their rights and move forward after difficult injuries. If you think you may have a case, we’re here to answer your questions and make sure you don’t miss the deadline that could change everything.