Statute of Limitation for Slip and Fall Cases By State
States individually determine the statute of limitations for slip and fall cases. Here’s everything you need to know about slip and fall statute of limitations by state.
What is a Statute of Limitation?
A statute of limitation is a law establishing a time limit for civil acts. A statute of limitations forbids prosecutors or individuals from bringing cases to court after a person committed the crime a specified number of years ago. The purpose of limitations is to ensure evidence has not deteriorated over time. Not all crimes have statutes of limitations and each state establishes its own statutes of limitation, varying by case.
What is a Slip and Fall Case?
A slip and fall case is a premises liability case. A slip and fall injury claim occurs when an individual slips and falls on someone else’s property due to the property owner’s carelessness or negligence. To win a slip and fall case, the plaintiff must prove someone else is legally responsible, or liable, for the plaintiff’s injuries.
Related: Slip and Fall Out of Court Settlement Amounts
To establish liability and negligence, the plaintiff often must prove:
- The defendant caused the hazard,
- The defendant was aware or should have known of the hazard and should have subsequently fixed the hazard, and
- The hazard hurt the plaintiff.
If the plaintiff can establish liability, they are eligible for a monetary settlement or compensation. Compensation covers the plaintiff’s losses, damages, and injuries. The plaintiff’s monetary compensation depends on the extent of the injuries, tangible expenses, and impact on daily life.
Compensation may cover:
- Medical bills,
- Prescription medication,
- Lost wages,
- Lost earning potential,
- Property damage,
- Pain and suffering,
- Mental anguish, and
- Disfigurement or disability.
Plaintiffs in a slip and fall case must bring their case to court before the statute of limitations. If the victim fails to try the case before the statute of limitations, they cannot receive compensation.
Related: What to Do After a Slip and Fall in a Restaurant
Statute of Limitations for Slip and Fall Cases by State
| State | Statute of Limitations for Slip & Fall Cases |
| Alabama | 2 years |
| Alaska | 2 years |
| Arizona | 2 years |
| Arkansas | 3 years |
| California | 2 years |
| Colorado | 2 years |
| Connecticut | 2 years |
| Delaware | 2 years |
| District of Columbia | 3 years |
| Florida | 4 years |
| Georgia | 2 years |
| Hawaii | 2 years |
| Idaho | 2 years |
| Illinois | 2 years |
| Indiana | 2 years |
| Iowa | 2 years |
| Kansas | 2 years |
| Kentucky | 1 year |
| Louisiana | 1 year |
| Maine | 6 years |
| Maryland | 3 years |
| Massachusetts | 3 years |
| Michigan | 3 years |
| Minnesota | 6 years |
| Mississippi | 3 years |
| Missouri | 5 years |
| Montana | 3 years |
| Nebraska | 4 years |
| Nevada | 2 years |
| New Hampshire | 3 years |
| New Jersey | 2 years |
| New Mexico | 3 years |
| New York | 3 years |
| North Carolina | 3 years |
| North Dakota | 6 years |
| Ohio | 2 years |
| Oklahoma | 2 years |
| Oregon | 2 years |
| Pennsylvania | 2 years |
| Rhode Island | 3 years |
| South Carolina | 3 years |
| South Dakota | 3 years |
| Tennessee | 1 year |
| Texas | 2 years |
| Utah | 4 years |
| Vermont | 3 years |
| Virginia | 2 years |
| Washington | 3 years |
| West Virginia | 2 years |
| Wisconsin | 3 years |
| Wyoming | 4 years |
States routinely change or add stipulations to statutes of limitations. Thus, individuals should always research their state’s current statutes of limitations regarding the individuals’ civil concerns.
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