Time is Ticking: Understanding the Slip and Fall Statute of Limitations

A seemingly minor slip and fall can lead to significant injuries, impacting your health and finances. What many people don’t realize is that there’s a limited window of opportunity to take legal action. This is dictated by the “statute of limitations.” Missing this deadline could mean forfeiting your right to compensation for your injuries. Falls account for 87% of fractures among people over the age of 65, highlighting the potential severity of these incidents.

What is a Statute of Limitations?

The statute of limitations is essentially a legal clock that starts ticking the moment your injury occurs. It’s the time limit you have to file a lawsuit. Once that time runs out, so does your opportunity to seek compensation. The purpose of the statute is to ensure that claims are filed while evidence is fresh and available and to provide closure for defendants who may face claims from events that occurred years ago.

Slip and Fall Accidents and the Statute of Limitations

In the context of a slip and fall accident, the statute of limitations dictates how long you have to file a lawsuit against the property owner or other responsible party. This is crucial because, without filing within this period, you lose your right to sue for damages related to your injuries.

Time Varies by State

It is important to know that the time limit to file a slip and fall claim varies depending on the state. Each state sets its own time limit on the statute of limitations, however, many states have similar statutes. The majority of states in the US have a two- or three-year statute of limitations for personal injury claims. However, some states extend the timeframe up to five years or more.

Here are some examples:

Two years: Alabama, Alaska, Arizona, California, Colorado, Connecticut, Delaware (unless the injury is not discoverable in two years, then claimants have three years), Florida (For causes of action accruing after March 24, 2023), Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Minnesota, Nevada, New Jersey, Ohio, Oklahoma, Oregon, Pennsylvania, Texas, Virginia, Washington, West Virginia.
Three years: New York, Massachusetts.
Four years: Nebraska, Utah, Wyoming.

When Does the Clock Start Ticking?

Generally, the statute of limitations “clock” begins running on the day you were injured. So, if you live in a state with a two-year statute of limitations for personal injury cases, you would have two years from the day of the accident to get your lawsuit filed against the property owner or any other defendant whose negligence played a part in causing your slip and fall.

Exceptions to the Rule

While the general rule is that the statute of limitations begins on the date of the injury, there are exceptions:

Discovery Rule: In some cases, you might not discover your injury right away. For example, symptoms of concussions or internal injuries might not manifest for hours or even days after the accident. The discovery rule allows the statute of limitations to begin when the injury is discovered (or reasonably should have been discovered) rather than on the date the injury occurred.
Minors: In most states, if the person injured in the slip and fall was a minor, the statute of limitations “clock” won’t start running until they turn 18.
Government Claims: If you’re filing a claim against a government entity (like for an accident caused by a government vehicle), the statute of limitations is often shorter—sometimes as short as 6 months. Government claims also have strict filing procedures, so it’s crucial to act quickly.
Defendant Leaves the State: If the person or business you’re trying to sue for your slip and fall injuries (i.e. the property owner or some other negligent party) leaves the state before you can get your lawsuit filed, your state’s laws might dictate that the running of the statute of limitations “clock” be paused during this time of absence.

Why is it Important to Act Quickly?

Several reasons underscore the importance of taking swift action after a slip and fall:

Evidence Preservation: The sooner you act, the easier it is to gather and preserve crucial evidence, including witness statements, accident reports, and photographs of the scene.
Witness Testimony: Memories fade over time. Contacting witnesses promptly ensures their recollections are accurate and detailed.
Medical Attention: Seeking immediate medical attention not only protects your health but also creates an official medical record of your slip-and-fall injury, which can be essential for any future legal claims.
Legal Counsel: Consulting with a slip and fall attorney early on allows them to investigate the incident, assess your legal options, and ensure all necessary paperwork is filed within the statute of limitations.

Steps to Take After a Slip and Fall

Here’s what you should do to protect your rights:

Seek Immediate Medical Attention: Even if you feel “okay” after a fall, it’s essential to see a doctor. Slip and fall injuries aren’t always obvious at first—issues like concussions, internal bleeding, or soft tissue injuries can take time to surface.
Report the Incident: Notify the property owner, store manager, landlord, or whoever is in charge of the premises where you fell.
Document Everything: Documenting slip-and-fall injuries can help support your claim.
Preserve Evidence and Clothing: Don’t throw away or wash the clothes and shoes you were wearing when you fell. They might hold physical evidence like blood, stains, or signs of the hazardous condition (such as slippery residue).
Be Cautious with Your Words: Avoid making statements like “I’m fine” or “It was my fault.” This kind of language can be used against you later.
Don’t Give Recorded Statements.
Contact a Slip-and-Fall Lawyer.

Proving Negligence

No matter your state, property owner negligence must be proved. To file a successful slip and fall claim, you must prove the following elements:

Duty of Care: Property owners have a legal obligation to keep their premises reasonably safe for visitors.
Breach of Duty: The property owner failed to maintain a safe environment.
Causation: The property owner’s negligence directly caused your slip and fall.
Damages: You suffered injuries and damages as a result of the fall.

Examples of Slip and Fall Cases

Wet or Slippery Floors: Spills in grocery stores, restaurants, or other businesses can create hazardous conditions.
Uneven Surfaces: Cracks in sidewalks, potholes in parking lots, or uneven flooring inside buildings can lead to falls.
Poor Lighting: Inadequate lighting can make it difficult to see potential hazards.
Cluttered Walkways: Obstacles in walkways, such as boxes, merchandise, or equipment, can cause people to trip and fall.
Weather-Related Hazards: Ice, snow, or rain can create slippery conditions on sidewalks, stairs, and entryways.

Don’t Delay, Seek Legal Advice Today

The statute of limitations in slip and fall cases is a critical factor that can significantly impact your ability to pursue a claim. Understanding the applicable time limits and exceptions in your state is essential. If you or a loved one has been injured in a slip and fall accident, it is crucial to seek legal advice from an experienced personal injury attorney as soon as possible to protect your rights and ensure you have the opportunity to recover the compensation you deserve. Contact our firm today for a consultation.