"Slip and fall" or "Trip and Fall" - are terms for personal injuries that are caused when a person slips or trips and falls on a floor, sidewalk, stair, or other surface.

Personal injury or bodily injury - The concept of bodily injury to a person is a very broad one. Depending upon the law of the state in which an incident occurred, bodily injury may include not only ordinary physical injury such as a broken leg, but also mental or emotional injury, such as emotional upset caused by witnessing a serious physical injury done to a close family member.

Property damage - Injury to property includes loss or damage to property such as a house, a car, or even a pet.

Economic injury - Economic injury includes lost wages and other types of money damages.

Negligence - each person owes others a standard of due care in the performance of various activities. When an individual fails to satisfy the level of due care required of the conduct s/he has undertaken, the individual is being negligent. Negligence is the failure to use due care or carelessness.

Due Care - Usually the law requires that individuals exercise the same kind of "due care" that a reasonable person would exercise under the same circumstances. This is called the "reasonable man" or "reasonable person" standard. For example, a higher level of care is "due" if you are pouring boiling water into a guest's teacup at the dinner table, than is "due" if you are pouring lemonade into glasses in the kitchen with no one else around. These situations differ in terms of the harm that might result if you make a mistake in pouring.

Liability - if an individual is negligent and another individual suffers damages due to this negligence, then the negligent party is 'liable' to the injured party. If you are careless and your carelessness causes injury to another person to whom you owe a "duty of care," you may be 'liable' to pay damages resulting from the injury caused by your carelessness.

A person may be considered negligent -

In undertaking an action (a "negligent act"); or
In failing to undertake an action when the person had a duty to act (a "negligent omission")

Statutes of Limitation - A statute or law that sets the time period within which a lawsuit must be brought or lost forever. If a lawsuit is not brought within that time period, the right to sue is lost.

The statute of limitations for a personal injury lawsuit is usually very short, as brief as one, two, or three years depending upon the state and the type of injury suffered.

Measuring the period of limitations for a particular situation can be a complex issue. The period of limitations usually begins "to run" at the time the injury occurs. If a person suffers a hidden injury, the discovery rule may apply. Under the discovery rule, the period of limitations begins to run from when the person who is injured knew, or should have known, that they were injured.

Special rules apply in measuring the period of limitations when a child is injured. In many states, the period of limitation does not begin to run for an injury until the child reaches adulthood, usually 18 years of age. These special rules may also apply to people who are mentally impaired or who leave the state for particular kinds of reasons such as for military service.

Below we list some of the Statutes of Limitations of New York State for different Causes of Action, but these limitations are not always so clear cut in actual practice. Consult us personally before drawing any legal conclusions about your claim.

NOTE: there are always exceptions too complicated to spell out below.

Personal Injury (CPLR 214):
3 years from date of injury.
Medical Malpractice (CPLR 214-a):2 1/2 years from date of malpractice / last malpractice related treatment.

Actions against New York City (CPLR 214):
Must file Notice of Claim within 90 days of the date of injury to protect your claim. Must file lawsuit within 1 year & 90 days from date of injury.

Cases involving New York State:
2 years from date of injury. Must file Notice of Intent within 6 months of the date of injury to protect your claim.

Cases involving persons below the age of 18 or other persons under a legal disability (CPLR 208):
The statutes of limitations are tolled, or extended from the date of injury until a minor reaches 18 years old, then the Statute of Limitations begins to run for it's regular amount of time. (infant of 16 years old, has 5 years to bring a personal injury claim. 2 years till 18 years old, and then 3 years statute of limitation.)

EXCEPTION: does not apply to Notice of Claim in cases involving New York City and other entities with Notice of Claim requirements.

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