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

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

Posted

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.

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Posted

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...

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1 comment

Asker

Posted

Thank you this was vary helpful !

Posted

3 years

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Posted

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 intended to be, legal advice. You should consult an attorney for specific advice regarding your individual situation. Any response given here is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response may change appropriately.

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7 comments

Jeffrey Mark Adams

Jeffrey Mark Adams

Posted

Good answer boss

Asker

Posted

I do not know for sure however the landlord owns property all over Ithaca N.Y and it is a Complex and Yes they had plenty of time to correct this icing problem however choose to ignore all complaints . A couple of the complainers are not going to be able to renew there leases .

Craig A. Post

Craig A. Post

Posted

Consult with an attorney in your area. As far as the lease renewal is concerned, technically landlord's can't evict as retaliation for something like this. As a practical matter, the result may be something different. It's just another reason to meet with a local attorney as soon as possible.

Jeffrey Mark Adams

Jeffrey Mark Adams

Posted

Where you injured?

Asker

Posted

Yes I broke my left Leg do to the ice build up and I do have Pictures of the driveway . It was not snowing at the time and the drive way was plowed 1 week prior to my injury >

Asker

Posted

However the ice was not taken care of .

Jeffrey Mark Adams

Jeffrey Mark Adams

Posted

Please do yourself a favor and consult with a local and qualified personal injury litigation attorney. Search avvo, ask those you trust and respect for a recommendation, call your local bar association. If you like, I have a colleague that I've consulted with who I can highly recommend.

Posted

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 educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com

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Posted

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 successfully handling personal injruy and medical malpractice cases for over 35 years. "Let Our Family Help Your Family" www.kileylawfirm.com 516 466-7900

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Posted

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 not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and time-lines that, if known, could significantly change the reply and make it unsuitable. Mr. Pascale strongly advises the questioner to confer with an attorney in their state in order to insure proper advice is received.

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