Slip and Fall Statute of Limitations in New York

Last verified 2026-07 · Source: N.Y. C.P.L.R. § 214(5) ✓ verified · 3 sources

The deadline

3 years

from Date of injury, under N.Y. C.P.L.R. § 214(5).

The deadline to file a slip and fall lawsuit in New York is 3 years, set by N.Y. C.P.L.R. § 214(5). It starts running on Date of injury. This page covers the exceptions, the government-claim trap, and the steps to take before time runs out.

New York Deadlines for Related Claims

Claim type	Deadline	Statute
Slip and Fall	3 years	N.Y. C.P.L.R. § 214(5)
Car Accident	3 yrs	N.Y. C.P.L.R. § 214(5)
Medical Malpractice	2 yrs	N.Y. C.P.L.R. § 214-a
Credit Card Debt	3 yrs	N.Y. CPLR § 214-i
Wrongful Death	2 yrs	N.Y. Est. Powers & Trusts Law (EPTL) § 5-4.1
Personal Injury	3 yrs	N.Y. C.P.L.R. § 214(5)
Dog Bite	3 yrs	CPLR § 214(5)
Defamation	1 yr	N.Y. C.P.L.R. § 215
Breach of Contract	6 yrs	N.Y. C.P.L.R. § 213(2)
Medical Debt	3 yrs	N.Y. CPLR § 213-D

When the Clock Starts

In New York, the limitations period for slip and fall injury claims generally begins on Date of injury. New York does not apply a general discovery rule to this claim type — the date of the event controls, which makes early action critical.

Exceptions That Can Extend the Deadline

Minors: the clock is generally paused while the injured person is under 18.
Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
Defendant leaves the state: absence can pause the clock in many circumstances.
Government-claim trap: 90-day Notice of Claim required under General Municipal Law § 50-e; 1 year 90 days SOL for municipal falls

3-year SOL for private falls.

Source: N.Y. C.P.L.R. § 214(5), official New York statute · verified 2026-07

What to Do Before the Deadline Runs

Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
Send preservation/notice letters where required (especially for New York government defendants).
If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.

How New York Compares to Nearby States

State	Deadline	Statute
New York	3 years	N.Y. C.P.L.R. § 214(5)
New Jersey	2 yrs	N.J. Stat. Ann. § 2A:14-2
Pennsylvania	2 yrs	42 Pa. Cons. Stat. § 5524
Connecticut	2 yrs	Conn. Gen. Stat. § 52-584
Massachusetts	3 yrs	M.G.L. c. 260, § 2A
Vermont	3 yrs	Vt. Stat. Ann. tit. 12, § 512(4)

Frequently Asked Questions

How long do I have to file a slip and fall lawsuit in New York?

You have 3 years from Date of injury, under N.Y. C.P.L.R. § 214(5).

Can I still sue after 3 years in New York?

Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.

What if the victim was a minor?

New York generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.

Is the deadline different for claims against the government?

90-day Notice of Claim required under General Municipal Law § 50-e; 1 year 90 days SOL for municipal falls

Sources

Official N.Y. C.P.L.R. § 214 – NY Senate
Corroborating New York Personal Injury Laws – Nolo
Corroborating General Municipal Law § 50-e – Justia
Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify

This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed New York attorney.