Premises Liability Statute of Limitations: Filing Deadlines by State

Premises Liability Statute of Limitations

Slip and fall and premises liability lawsuits are governed by strict filing deadlines that vary by state. Miss the deadline and the case ends, regardless of how strong the underlying facts are.

Most states apply a two-year statute of limitations to premises liability claims. Several states are shorter (one year). A handful are longer (three years or more). Claims against government-owned property (state, county, city, transit, school) require pre-suit notice within 6 months or less in many jurisdictions.

The single most important step after a slip and fall injury is to confirm the applicable filing deadline.

A missed filing deadline is the case the family loses before they ever speak with a lawyer.

Call (888) 713-6653 or use the form for a free, confidential review and a clear answer on your deadline.

Common Filing Deadlines by State

The list below is a starting point. State law is fluid; exceptions and tolling provisions can shift the operative date. Always confirm with an attorney for your specific state and facts.

Two-Year Deadline (Most Common)

Florida, Texas, Georgia, North Carolina, South Carolina, Virginia, Illinois, Indiana, Iowa, Michigan, Minnesota, Ohio, Wisconsin, Pennsylvania, New Jersey, Connecticut, Maryland, Arizona, Colorado, Nevada, Washington, Oregon, Alabama, Arkansas, Mississippi, West Virginia, Oklahoma, California (general PI), Kansas (most claims).

One-Year Deadline (Act Fast)

• Kentucky (one year for personal injury)
• Louisiana (one-year prescriptive period)
• Tennessee (one year for personal injury)

Three-Year or Longer Deadline

• New York (three years for personal injury)
• Massachusetts (three years for personal injury)
• Maine (six years)
• Rhode Island, Vermont, North Dakota, Wyoming (varies by claim type)

 

Special Rules for Government-Owned Property

Claims against state, county, city, transit, or school property require pre-suit notice to the relevant government entity, typically within 6 months of the incident. The notice requirement is jurisdictional; missing it bars the claim regardless of the underlying statute of limitations.

The Federal Tort Claims Act applies to federal property (post offices, VA, federal buildings) with its own two-year limit and a strict administrative-claim-first requirement.

Tolling and Exceptions

• Discovery rule. Clock may not start until the family knew or should have known the harm was property-caused.
• Minor plaintiffs. Most states toll the statute until the minor reaches age 18.
• Mental incapacity. Severe incapacity may toll until competency returns.
• Fraudulent concealment. Where the property actively concealed the hazard or its role, courts may toll the period.
• Continuous-condition doctrine. A handful of states recognize tolling for ongoing dangerous conditions.

What Happens If the Deadline Is Missed

The property's defense will file a motion to dismiss based on the expired statute of limitations. The court will grant the motion. The case is dismissed with prejudice. Regardless of injury severity or liability strength, the recovery is zero.

Insurance carriers know the deadline and use it strategically.

Some adjusters will engage in extended negotiation hoping the family delays filing. Once the deadline runs, the carrier's obligation to settle ends and the case becomes worthless. The conservative practice is to file well before the deadline.