US-New YorkCan I recover damages from a state park if I'm injured on its premises?
Yes, you may recover damages from a New York state park for injuries, but only if the state waived its sovereign immunity — which it did for negligence in operating parks under the Court of Claims Act.
What the Law Says
New York State generally enjoys sovereign immunity — meaning it cannot be sued without its consent. However, the state has waived that immunity in limited circumstances, including for personal injury claims arising from negligence in the operation of state parks.
Under the Court of Claims Act, the state consents to be sued for personal injury caused by its negligence — but only in the Court of Claims, not in regular state or federal courts.
You must file a formal 'notice of claim' within 90 days of the injury. Failure to do so usually bars your case entirely.
The state’s waiver does not extend to discretionary policy decisions (e.g., where to place a sign), only to operational negligence (e.g., failing to fix a broken railing).
There is no right to a jury trial in the Court of Claims — all cases are heard by a judge.
Statutory TextThe state waives its immunity from liability for the negligent acts or omissions of its officers or employees in the operation or maintenance of any public park...
— Court of Claims Act § 8 — Liability of the state for negligence in operation of public parks
Statutory TextEvery claim against the state... must be filed with the clerk of the court of claims within ninety days after the claim arises.
— Court of Claims Act § 10(1) — Time for filing claims
What Courts Have Said
New York courts have consistently upheld the strict requirements for suing the state — especially the 90-day notice deadline and the narrow scope of the waiver.
The Court of Appeals affirmed dismissal of a claim because the injured plaintiff failed to file a notice of claim within 90 days — even though the injury occurred in a state park and involved a fallen tree branch.
The court held that the state was not liable for a visitor’s slip-and-fall on icy steps at Letchworth State Park because the ice resulted from an ‘act of nature’ and no evidence showed the state had actual or constructive notice of the hazard.
What to Do
File a written notice of claim with the New York Court of Claims within 90 days of your injury.
Include details: date, location, how the injury happened, witnesses, and damages sought.
Serve a copy on the New York State Attorney General’s Office.
After filing, you may commence a formal lawsuit in the Court of Claims — but only after the notice is filed and within the statute of limitations (usually 1 year and 90 days from injury).
Consult an attorney experienced in Court of Claims cases — procedural missteps are fatal.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.