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Rusk, Wadlin, Heppner & Martuscello, LLP Celebrating 150 years

Hudson Valley Law Firm Frequently Asked Questions Videos

How long do I have to file a premises liability claim?

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When I receive a call from a client, of course, I want to know, when it involves a premises liability case, where did this happen. If it’s on a, for [an] example a municipal property, then of course there’s different laws, notice periods that apply and many times in fact, one might be at a hospital and be unaware that the hospital is owned by a municipality, so it’s critical to tell the client that a claim must be noticed within ninety days from the incident in New York State involving any municipality. This would include a school, for example, and that thereafter the client would have a year and ninety days to bring a lawsuit if they felt that the case merited a lawsuit.

With respect to private landowners, we’re talking about a three year statute of limitations and suffice to say, I have situation that [happens] all too often where for whatever reason, the folks wait or delay and it’s a terrible feeling when I have to be the one to tell the person who is very hurt, that they have no claim, that they waited too long. You shouldn’t let that happen to yourself.

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