How Long Do You Have to File a Slip and Fall Claim?
It depends on the state. Each state's statute of limitations for personal injury sets the deadline to file a lawsuit, and the examples below range from 1 year (Kentucky) to 6 years (Maine and North Dakota), with 2 or 3 years common. If you fell on government property, such as a city sidewalk or public building, there is often a much shorter deadline to file a written notice of claim first, sometimes 90 days or 6 months. Missing a deadline can end the claim. See the personal injury statute of limitations by state page and the notice-of-claim deadlines by state table for your state.
What the law says
- Example (California): a lawsuit for injury to a person must generally be filed within 2 years from the date of the injury. If the injury was not discovered right away, the time generally starts when it was discovered or should reasonably have been discovered. Cal. Code Civ. Proc. § 335.1; Judicial Branch of California Self-Help Guide, "Deadlines to sue someone"
- Example (Florida): a lawsuit founded on negligence, such as most slip-and-fall injury claims, must be filed within 2 years. Fla. Stat. § 95.11(5)(a), (3)(d), (3)(n)
- Example (Texas): a personal injury lawsuit must be filed within two years after the day the cause of action accrues. Tex. Civ. Prac. & Rem. Code § 16.003(a)
- Example (New York): an action to recover damages for a personal injury has a three-year deadline, with listed exceptions such as certain toxic exposure and intentional tort claims. N.Y. CPLR 214(5)
- Example (Massachusetts): tort actions, and contract actions to recover for personal injuries, must be filed within three years after the cause of action accrues, unless another law provides otherwise. M.G.L. c. 260, § 2A
- Example (Kentucky): in general, a lawsuit for an injury to the person must be filed within one year after the cause of action accrued (motor vehicle accident claims have a separate rule). KRS 413.140(1)(a); KRS 304.39-230(6)
- Example (Louisiana): personal injury claims are subject to a two-year prescriptive period that begins on the day the injury or damage is sustained. This two-year rule took effect July 1, 2024, when the former one-year rule was repealed. La. Civ. Code art. 3493.1
- Example (Maine): civil actions, including personal injury claims, must be filed within 6 years after the cause of action accrues, unless another statute sets a different period. 14 M.R.S. § 752
- Example (North Dakota): most personal injury lawsuits based on negligence must be filed within six years after the claim arises; shorter deadlines apply to some claims, such as two years for assault and battery. N.D. Cent. Code §§ 28-01-16(5), 28-01-18(1)
- Example (California government claims): before suing a city, county or other government agency, you must file a written claim with the agency within 6 months of the injury. The agency has 45 days to respond; if it denies the claim you have 6 months from the date the rejection was mailed to sue, and if it does not respond you generally have up to 2 years from the injury to sue. Judicial Branch of California, Self-Help Guide: Government claims
- Example (New York government claims): before suing a city, county, town, village, fire district or school district for personal injury, a notice of claim must be served within 90 days after the claim arises. The lawsuit may be started only after at least 30 days pass without payment or adjustment, and must be commenced within one year and 90 days after the event. N.Y. Gen. Mun. Law §§ 50-e, 50-i
- Example (Colorado government claims): a written notice of claim against a city, county or other public entity must be filed within 182 days after the injury is discovered; this is a jurisdictional requirement and missing it bars the claim. C.R.S. §§ 24-10-109, 24-10-114
FAQ
What is the deadline to sue after a slip and fall?
It is set by each state's statute of limitations for personal injury. Examples: 2 years in California, Florida (for negligence), Texas and Louisiana; 3 years in New York and Massachusetts; 1 year in Kentucky; 6 years in Maine and North Dakota. See the personal injury statute of limitations by state page for your state.
Is the deadline shorter if I fell on city or county property?
Often, yes. Many states require a written notice of claim before you can sue a government. Examples: 90 days in New York for cities, counties, towns and villages; 6 months in California; 6 months in Texas (city charters may set their own periods); 182 days in Colorado. In Illinois, a lawsuit against a local public entity must be filed within one year from the date of the injury. See the notice-of-claim deadlines by state table.
When does the clock start?
Usually when the injury happens or the claim accrues. California's court self-help guide says the 2-year time generally starts on the date of the injury, but if the injury was not discovered right away it generally starts when it was discovered or should reasonably have been discovered. Louisiana's two-year period begins on the day the injury or damage is sustained.
What happens if I miss the government notice deadline?
It can end the claim. Colorado treats its 182-day notice as jurisdictional, so missing it bars the claim. In Pennsylvania, if the six-month written notice is not filed, a suit started more than six months after the injury must be dismissed, though the court may excuse it for a reasonable excuse. New York allows a court to permit late notice, but not beyond the time limit for starting the lawsuit.
Are there special notice rules for falls on snow or ice?
In Massachusetts, for injuries on private premises caused partly by snow or ice, the injured person must give the owner written notice within 30 days of the name and residence of the person injured and the time, place and cause of the injury; failing to do so is not a defense unless the owner proves it was harmed by the lack of notice.
Related
- Fell Down Stairs on Someone's Property: Who Is Liable?
- Fell at Your Apartment Complex? When the Landlord Is Liable
- How Much Does a Personal Injury or Car Accident Lawyer Cost?
- How Much Does a Slip and Fall Lawyer Cost?
- Injured Because a Landlord Didn't Make Repairs: Your Rights
- Fell in a Parking Lot: Who Is Responsible?
- Slipped and Fell in a Store or Grocery Store? Who Is Responsible
- Slipped on Ice or Snow: Can You Sue?
- Tripped on a Broken or Uneven Sidewalk: Who Pays?
- Slipped on a Wet Floor: When the Property Owner Is Liable
- What Is a Statute of Limitations?
- What Is Medical Malpractice?
- What Is Premises Liability? Slip and Fall Law Explained
- What to Do After a Car Accident
- Personal Injury & Wrongful Death by state
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.