Slip and Fall Premises Liability: Filing Deadlines You Must Know

## The Statute of Limitations in Slip and Fall Cases

Every state imposes a strict deadline — known as the statute of limitations — for filing a premises liability lawsuit. Miss this deadline by even a single day and the court will almost certainly dismiss your case, no matter how strong the evidence or severe the injuries. Understanding your state's filing window is not optional; it is critical.

Most states allow two to three years from the date of injury to file a slip and fall lawsuit, but some states like Louisiana and Kentucky set the limit at just one year.

Key Exceptions That Can Extend or Shorten Your Deadline

While the general rule is straightforward, numerous exceptions can alter the clock — sometimes in your favor and sometimes against you.

• Discovery rule: If injuries were not immediately apparent, the clock may start when you discovered or reasonably should have discovered the harm
• Government property: Slipping on public sidewalks, in post offices, or at government buildings requires filing a formal administrative claim within 60 to 180 days — far shorter than standard
• Minor victims: The statute of limitations is typically tolled (paused) until the injured child reaches the age of majority
• Mental incapacity: Victims who lack legal capacity may receive an extension in many states
• Defendant fraud: If the property owner actively concealed the hazard or deceived you, courts may extend the filing window

Do not rely on these exceptions. Consult a premises liability attorney as soon as possible after your injury. Attorneys need time to investigate, gather evidence, and build a strong case — waiting until the deadline approaches leaves you with far fewer options.

Filing early also prevents evidence from disappearing and preserves your right to negotiate from a position of strength.