How long do I have to file for a personal injury claim in Ny ? And do I have a Claim against my Landlord ?

Asked over 1 year ago - Ithaca, NY

I slipped on Ice in the Drive way walking from the mail boxes they do not keep the drive way clear of this and was notified many times by other tenates of this problem .

Attorney answers (7)

  1. Michael Paul Lagnado

    Contributor Level 5

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    Answered . You may make a personal injury claim by suing your landlord for damages arising from the landlord's negligence in failing to keep the driveway clear of ice. I highly recommend that you consult with an attorney, such as myself, to discuss the particulars of your case.

  2. Craig A. Post

    Contributor Level 17

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    Answered . Generally speaking, the statute of limitations for such a claim would be 3 years. This would change depending on whether we are talking about a private or municipal landlord. If the latter, the statute is much shorter. There are other factors to consider then just time however. Was the landlord given a reasonable opportunity to correct this particular icing condition? Do your injuries warrant going forward with a claim? Your best bet would be to consult with a personal injury attorney in your area as soon as possible.

    Disclaimer- The information you obtain at our web-site or through postings on such sites as this is not, nor is it... more
  3. Yefim Rubinov

    Contributor Level 17

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    Answered . you have three years from the date of the accident to file suit against the landlord. Also, I suggest that you consult a personal injury lawyer to discuss you case at length...

  4. Michael J Palumbo

    Pro

    Contributor Level 19

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    Answered . 3 years

  5. James D. Kiley

    Contributor Level 13

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    Answered . If the landlord is a private individual or entity and not a municpal entity, then you have a three ( 3) year statute of limitations. Keep in mind, howeever, that evidence gets stale, memories fade, etc. etc. No reasons to wait that long if you are interested in pursuing litigation. Snow and ice cases can be tough. You need to obtain the weather date to establish that the landlord had enough time to remedy the icy condition. If it was snowing just before or during the incident, you may have a tough time proving liability under a storm in progress defense. Consult with a reputable PI attorney.

    This communication does not create an attorney/client relationship. My firm is a second generation family firm... more
  6. Jeffrey Mark Adams

    Contributor Level 20

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    Answered . Private landowner = 3 years.
    Maybe

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and... more
  7. Brian C. Pascale

    Pro

    Contributor Level 18

    3

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    Answered . You must file the action within 3 years of the accident. The action is against the landlord if they were negligent.

    Mr. Pascale is licensed to practice law in the State of New York. The response herein is not legal advice and does... more

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