Slip and Fall Statute of Limitations

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Published by CalculateMyCase.com

The statute of limitations for slip and fall cases in the United States varies by state, but generally ranges from 1 to 6 years. The table below details the statute of limitations for slip and fall claims by state.

State Statute of Limitations (Years)
Alabama2
Alaska2
Arizona2
Arkansas3
California2
Colorado2
Connecticut2
Delaware2
Florida4
Georgia2
Hawaii2
Idaho2
Illinois2
Indiana2
Iowa2
Kansas2
Kentucky1
Louisiana1
Maine6
Maryland3
Massachusetts3
Michigan3
Minnesota2
Mississippi3
Missouri5
Montana3
Nebraska4
Nevada2
New Hampshire3
New Jersey2
New Mexico3
New York3
North Carolina3
North Dakota6
Ohio2
Oklahoma2
Oregon2
Pennsylvania2
Rhode Island3
South Carolina3
South Dakota3
Tennessee1
Texas2
Utah4
Vermont3
Virginia2
Washington3
West Virginia2
Wisconsin3
Wyoming4

Key Legal Considerations

When considering the statute of limitations for a slip and fall claim, individuals should be aware of several key legal considerations:

1. Date of injury: The statute of limitations typically starts on the date the injury occurred. This is the most common way the limitations period is calculated.

🛈 Example: A person slips and falls in a grocery store on January 1, 2023. The statute of limitations typically starts on this date. If the statute of limitations in their state is two years, they must file a claim by January 1, 2025.

2. Discovery rule: In some states, if the injury is not immediately apparent, the statute of limitations may start on the date the injury was discovered or reasonably should have been discovered. This is known as the “discovery rule.”

🛈 Example: A person slips and falls but does not realize the extent of their injuries until several months later when they are diagnosed with a torn ligament. In states with a discovery rule, the statute of limitations may start from the date the injury was discovered, not the date of the fall.

3. Minor or incapacitated plaintiffs: If the injured person is a minor or legally incapacitated at the time of the injury, many states toll (pause) the statute of limitations until the individual reaches the age of majority or regains capacity.

🛈 Example: A person slips and falls but does not realize the extent of their injuries until several months later when they are diagnosed with a torn ligament. In states with a discovery rule, the statute of limitations may start from the date the injury was discovered, not the date of the fall.

4. Government claims: If the slip and fall occurred on government property, there are often special rules and shorter deadlines for filing a claim. This might involve filing a notice of claim within a very short period (sometimes as little as 30 days) before proceeding with a lawsuit.

🛈 Example: A person slips and falls on the steps of a city hall. They must file a notice of claim with the city government within a very short period, such as 30 days, before they can proceed with a lawsuit. The overall statute of limitations may also be shorter, such as one year.

5 Fraud or concealment: If the defendant fraudulently concealed the injury or the cause of the injury, some states allow the statute of limitations to be tolled until the injury and its cause are discovered.

🛈 Example: A property owner conceals the fact that they were aware of a hazardous condition that caused a slip and fall. If the injured party discovers this fraud later, the statute of limitations may be extended to allow for a claim based on the date of discovery of the fraud.

6. Multiple defendants: If there are multiple parties potentially liable for the injury, it is important to understand how the statute of limitations applies to each defendant. Filing against one defendant may not toll the statute of limitations against others.

🛈 Example: A person slips and falls in a mall, which is maintained by a cleaning company and owned by a different company. Each party’s responsibility needs to be evaluated, and the statute of limitations must be considered for each defendant. Filing against one party may not toll the statute of limitations for the others.

7. State-specific exceptions: Each state may have specific exceptions and rules that affect the statute of limitations. For instance, some states have “statutes of repose” that set an absolute deadline regardless of discovery.

🛈 Example: In some states, there are exceptions that might extend or shorten the statute of limitations. For example, if the state has a statute of repose, there might be an absolute deadline for filing claims regardless of when the injury was discovered.

8. Impact of prior claims or lawsuits: If the injured party previously filed a related claim or lawsuit, it could impact the timing and tolling of the statute of limitations for the current claim.

🛈 Example: If the injured party previously filed a workers’ compensation claim related to the slip and fall incident, it might affect the timing and tolling of the statute of limitations for a personal injury lawsuit.

9. Jurisdictional issues: If the slip and fall occurred in a state other than where the injured party resides, the statute of limitations from the state where the injury occurred generally applies.

🛈 Example: A person slips and falls while visiting a different state from where they reside. The statute of limitations from the state where the injury occurred generally applies. If the injury happened in a state with a shorter statute of limitations, the injured party must adhere to that timeframe.

10. Legal advice: It is crucial to seek legal advice promptly after an injury. An attorney can help navigate the complexities of the statute of limitations and ensure that all deadlines are met to preserve the right to file a claim.

🛈 Example: An individual who slips and falls seeks legal advice promptly after the incident. An attorney can help navigate the complexities of the statute of limitations, ensuring all deadlines are met to preserve the right to file a claim. Prompt legal advice can also help in gathering evidence and assessing the viability of the claim.

Understanding these considerations can help individuals avoid losing their right to seek compensation due to missed statute of limitations deadlines or other legal technicalities. It should be noted that the above are just common variables, and you should consult a slip and fall attorney for legal questions and considerations that may apply to your case by requesting a free case evaluation online..

Get Help With Your Slip & Fall Claim

It’s important to note that each slip and fall claim is unique, and how long your slip and fall case takes will depend on the specific circumstances and unique variables of your case. Consulting with a slip and fall attorney can help you better understand the timeline of your claim, and help you recover fair compensation for damages.

Getting started with your slip and fall claim is easy. Just request a free case evaluation online, and a legal team in our network will reach out to you regarding your case. Our network of attorneys includes a team of over 250+ legal professionals throughout the United States with over $1 billion recovered for clients, including individuals who have been injured as a result of a slip and fall accident.

⚖️ All of our attorneys work on a contingency fee basis, meaning there are no upfront legal fees or costs — you only pay if you win.

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