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.
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.
Private landowner = 3 years.
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
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
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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