Accidents on Undeveloped Land

I was injured when I was driving an all-terrain vehicle (ATV) upstate. Can I bring a claim for my injuries?

You probably will not a claim for your injuries. Although, as explained later, there may be certain circumstances in which you can bring a claim, using ATVs generally exclude you from any claim against the landowner.

Although all landowners have the common law duty to all people on their land of “reasonable care.” (As mentioned in some of the prior blogs, a common law duty is imposed by Courts on certain people based on many Courts’ decisions over decades. These decisions over time become duties imposed on people subject to the Court’s jurisdiction.) The exception to the common law duties imposed by Courts can be found in statues enacted by the legislature and governor.

In this case, a private land owner has no obligation to keep a premises safe when the person on the land is engaging in certain recreational activities. General Obligations Law § 9-103. So if a person is injured on property while hunting, fishing, canoeing, trapping, hiking, boating, canoeing, horseback riding, bicycle riding, hang gliding, snowmobile operation and ATV riding, then the owner of the property has no obligation to make the land safe for any of these purposes. Thus, the property owner has no obligation to clear paths (and possible pave them) so an individual can safely ride an ATV.

There are exceptions to this rule. One exception would be if the landowner charged for people to ride ATVs on the land. But your question did not mention any fee was paid for permission to ride an ATV on the land. A second exception would be for some willful or malicious condition. Again, the question did not mention any concealed malicious trap set on the land to disrupt the ATV rider and cause injuries. It was just typical wooded upstate property.

This case becomes even more complicated if the accident occurred on New York State land. If the State of New York is a possible defendant, all claims must be brought in the Court of Claims (a separate Court different than the Supreme Court, the Court of Claims handles only cases against the State of New York). There are also short statute of limitations to bring claims against the State. All claims against the State must present a “Claim for Damages” followed by a filing of the lawsuit in the Court of Claims. The State also has certain defenses that an ordinary citizen or company does not have.

Statute of Limitations for Personal Injury Cases

How long do I have to bring a court case if I am injured in an accident?

This question is so general that there is not one answer. But the question itself refers to the idea that there is statute of limitations, or a cut off date, beyond which you cannot file a law suit against a wrongdoer.

Negligence claims in New York must be brought within 3 years from the date of accident. CPLR section 214.  The statute of limitations is only 2 years for New Jersey cases. New Jersey Statutes Title 2A. Administration of Civil and Criminal Justice 2A § 14-2.

But this answer does not come close to answering your question. An attorney would need to ask you how the accident occurred and who was involved before giving a complete answer.

For example, some municipal claims must be filed in court within 1 year and 90 days of the accident. General Municipal Law section 50-I.  But before you can file a lawsuit, you must file a notice of claim within 90 days after the accident. General Municipal Law section 50-E. So is the statute of limitations 90 days or 1 year and 90 days (or both)?

There is a three year statute of limitations in New York for which a person is injured in a car accident by a private person (not a government owned vehicle or employee). But in order to win such a case, you must prove in court you are are hurt. That means you must go to the doctor and take necessary medical treatment to cure yourself (if such a cure is possible). But in order to receive medical treatment, your no-fault carrier (that is, a health insurance rider attached to every car insurance policy) must receive notice of the claim within 30 days after the accident. Insurance Law section 5106 and 11 NYCRR 65-3.5 [b]. So is the statute of limitations 30 days or 3 years (or both)?

I hope you do not see this response as ducking your question, but without many more specific facts, it is impossible to answer the question.