Every state imposes deadlines for filing slip and fall lawsuits. Statutes of limitations bar claims filed after these deadlines expire—regardless of how clear the liability or how serious the injuries. Understanding applicable deadlines is essential for preserving your legal rights.
General Personal Injury Deadlines
Slip and fall claims fall under general personal injury statutes of limitations, which vary by state. Most states allow two to four years from the date of injury:
Two-year states include California, Georgia, Ohio, Pennsylvania, and Texas. Three-year states include Colorado, Maryland, New York, and South Carolina. Some states allow four years or longer.
Verify the deadline in your specific state—don't assume a standard applies.
When the Clock Starts
Statutes of limitations typically begin running on the date of injury. For slip and fall cases, that's usually the day you fell. The clock starts regardless of when you discover the full extent of injuries.
Some states apply a discovery rule that delays the start until you knew or should have known about your injury and its cause. This mainly applies when injuries aren't immediately apparent.
Government Property Claims
Falls on government property require compliance with tort claims act procedures. Government claims typically require notice within 30 to 180 days—far shorter than general statutes of limitations.
Missing government notice deadlines usually bars your claim entirely, even if the general statute of limitations hasn't run. If you fell on city sidewalks, in government buildings, or on other public property, act immediately.
Tolling for Minors
Statutes of limitations are typically tolled (paused) for minor children. Children injured in slip and falls may have until years after turning 18 to file claims. However, parents should still act promptly—evidence disappears and witnesses forget over time.
Mental Incapacity
Limitations may be tolled for plaintiffs who are mentally incapacitated and unable to manage their affairs. Severe head injuries from falls might qualify for tolling until capacity is restored.
Property Damage Deadlines
If you had property damage (broken glasses, damaged phone, ruined clothing), property damage claims may have different deadlines than personal injury claims. File all claims together to avoid missing separate deadlines.
Consequences of Missing Deadlines
Filing after the statute of limitations expires results in case dismissal. Courts strictly enforce these deadlines. No matter how obvious the property owner's negligence or how serious your injuries, late filing means no recovery.
Why Timing Matters Beyond Deadlines
Even when deadlines are years away, delay hurts your case. Hazards get repaired, destroying evidence. Surveillance footage is deleted. Witnesses forget or become difficult to locate. Prompt investigation produces stronger cases.
Insurance Company Deadlines
Separate from lawsuit deadlines, your own insurance policies may have notice requirements. Report accidents to your health insurer and any applicable property insurance promptly to avoid coverage disputes.
Protecting Your Rights
Don't wait to consult an attorney. Free consultations allow you to understand applicable deadlines without commitment. An experienced premises liability attorney can identify all relevant deadlines, including any shortened government notice periods, and ensure timely action.
Missing a deadline is one of the worst things that can happen to an otherwise valid claim. Act promptly to protect your rights.