Slip and Fall at a Store or Business: Statute of Limitations & Deadlines (2026)
Injured at a commercial business? Learn the slip and fall store business statute of limitations and how long you have to sue a retail store or restaurant.
By The LimitationCalc Team · July 2, 2026 · 7 min read
If you slip on a wet floor at a grocery store, trip over loose carpeting in a restaurant, or fall due to poor lighting in a retail parking lot, you have the right to seek compensation from the business owner. However, this right is governed by strict legal deadlines known as the slip and fall store business statute of limitations.
In most states, the deadline to file a premises liability lawsuit against a commercial business is exactly two or three years from the date of your fall.
If you miss this deadline, you will permanently lose your right to sue the business for your medical bills, lost wages, and pain and suffering. This guide explains how deadlines work when suing a commercial business, provides a state-by-state reference table, and outlines what to do if an insurance adjuster is stalling your claim. You can also get an immediate estimate of your deadline by using our free statute of limitations calculator.
Premises Liability: Suing a Business
When you enter a store or a business as a customer, you are legally classified as an “invitee.” Under premises liability law, business owners owe the highest duty of care to invitees. They must regularly inspect their property for hazards, promptly fix any dangers they find, and clearly warn customers of any risks that cannot be immediately repaired (like putting up a “Wet Floor” sign).
When a business fails this duty and you are injured as a result, you have grounds for a personal injury lawsuit. Because a slip and fall at a business is a type of personal injury claim, the deadline to sue is governed by your state’s general personal injury statute of limitations.
When Does the Legal Clock Start?
For almost all slip and fall claims against a business, the statute of limitations clock starts ticking on the exact date the accident occurred.
Unlike toxic exposure or medical malpractice cases, courts rarely apply the “discovery rule” to slip and fall accidents. Even if you thought you only suffered a minor bruise at the store, but discovered months later that you actually tore a ligament requiring surgery, the legal clock almost certainly started on the day you fell. You cannot delay the start of the statute of limitations just because your injuries worsened over time.
Store and Business Slip and Fall Deadlines by State
The table below outlines the general personal injury statute of limitations for all 50 states and Washington, D.C., which dictates how long you have to sue a business for a slip and fall injury. Always verify these deadlines with a licensed personal injury attorney, as state laws and specific local exceptions can alter these timelines.
| State | Deadline | Statute |
|---|---|---|
| Alabama | 2 yrs | Ala. Code § 6-2-38 |
| Alaska | 2 yrs | Alaska Stat. § 09.10.070 |
| Arizona | 2 yrs | Ariz. Rev. Stat. § 12-542 |
| Arkansas | 3 yrs | Ark. Code § 16-56-105 |
| California | 2 yrs | Cal. Civ. Proc. Code § 335.1 |
| Colorado | 2 yrs | Colo. Rev. Stat. § 13-80-102 |
| Connecticut | 2 yrs | Conn. Gen. Stat. § 52-584 |
| Delaware | 2 yrs | Del. Code tit. 10 § 8119 |
| District of Columbia | 3 yrs | D.C. Code § 12-301 |
| Florida | 2 yrs | Fla. Stat. § 95.11(4)(a) |
| Georgia | 2 yrs | Ga. Code § 9-3-33 |
| Hawaii | 2 yrs | Haw. Rev. Stat. § 657-7 |
| Idaho | 2 yrs | Idaho Code § 5-219 |
| Illinois | 2 yrs | 735 ILCS 5/13-202 |
| Indiana | 2 yrs | Ind. Code § 34-11-2-4 |
| Iowa | 2 yrs | Iowa Code § 614.1(2) |
| Kansas | 2 yrs | Kan. Stat. § 60-513 |
| Kentucky | 1 yr | Ky. Rev. Stat. § 413.140 |
| Louisiana | 1 yr | La. Civ. Code art. 3492 (now art. 3493.1, 2-yr eff. 2024) |
| Maine | 6 yrs | Me. Rev. Stat. tit. 14 § 752 |
| Maryland | 3 yrs | Md. Cts. & Jud. Proc. § 5-101 |
| Massachusetts | 3 yrs | Mass. Gen. Laws ch. 260 § 2A |
| Michigan | 3 yrs | Mich. Comp. Laws § 600.5805 |
| Minnesota | 2 yrs | Minn. Stat. § 541.07 |
| Mississippi | 3 yrs | Miss. Code § 15-1-49 |
| Missouri | 5 yrs | Mo. Rev. Stat. § 516.120 |
| Montana | 3 yrs | Mont. Code § 27-2-204 |
| Nebraska | 4 yrs | Neb. Rev. Stat. § 25-207 |
| Nevada | 2 yrs | Nev. Rev. Stat. § 11.190 |
| New Hampshire | 3 yrs | N.H. Rev. Stat. § 508:4 |
| New Jersey | 2 yrs | N.J. Stat. § 2A:14-2 |
| New Mexico | 3 yrs | N.M. Stat. § 37-1-8 |
| New York | 3 yrs | N.Y. C.P.L.R. § 214 |
| North Carolina | 3 yrs | N.C. Gen. Stat. § 1-52 |
| North Dakota | 6 yrs | N.D. Cent. Code § 28-01-16 |
| Ohio | 2 yrs | Ohio Rev. Code § 2305.10 |
| Oklahoma | 2 yrs | Okla. Stat. tit. 12 § 95 |
| Oregon | 2 yrs | Or. Rev. Stat. § 12.110 |
| Pennsylvania | 2 yrs | 42 Pa. Cons. Stat. § 5524 |
| Rhode Island | 3 yrs | R.I. Gen. Laws § 9-1-14 |
| South Carolina | 3 yrs | S.C. Code § 15-3-530 |
| South Dakota | 3 yrs | S.D. Codified Laws § 15-2-14 |
| Tennessee | 1 yr | Tenn. Code § 28-3-104 |
| Texas | 2 yrs | Tex. Civ. Prac. & Rem. Code § 16.003 |
| Utah | 4 yrs | Utah Code § 78B-2-307 |
| Vermont | 3 yrs | Vt. Stat. tit. 12 § 512 |
| Virginia | 2 yrs | Va. Code § 8.01-243 |
| Washington | 3 yrs | Wash. Rev. Code § 4.16.080 |
| West Virginia | 2 yrs | W. Va. Code § 55-2-12 |
| Wisconsin | 3 yrs | Wis. Stat. § 893.54 |
| Wyoming | 4 yrs | Wyo. Stat. § 1-3-105 |
The Danger of Commercial Insurance Tactics
When you are injured at a business, you will almost certainly be dealing with their commercial liability insurance provider. It is vital to understand that negotiating with an insurance company does not pause the statute of limitations.
A common tactic used by commercial insurance adjusters is to “run out the clock.” They may act incredibly friendly, promise a fair settlement, and continually ask for more medical records over a period of months or years. If they successfully stall you until your state’s statute of limitations expires, they will immediately stop returning your calls. Because you can no longer legally sue the business, the insurance company has no reason to pay you a dime.
To protect yourself, you must formally file a civil lawsuit in court before the deadline expires. Once the lawsuit is filed, the statute of limitations is satisfied, and you can continue negotiating a settlement without fear of the clock running out.
Is the Store Always at Fault for a Fall?
Just because you fell inside a store does not automatically mean the store is legally liable. To win a premises liability lawsuit before the deadline expires, you and your attorney must prove:
- A dangerous condition existed (e.g., a spilled drink).
- The business owner or employees knew or should have known about the danger.
- The business failed to clean it up or post a warning in a reasonable amount of time.
- This specific danger caused your injuries.
If another customer drops a jar of pickles and you slip on it five seconds later, the store is likely not liable because they did not have a reasonable amount of time to discover and fix the hazard.
How to Check Your Specific Deadline
If you have been injured at a commercial property, you need to know exactly how much time you have to act. Use our free statute of limitations calculator to determine your deadline. By selecting your state and choosing “Personal Injury,” you will instantly receive an estimated timeframe for filing your lawsuit against the business.
Frequently Asked Questions
What should I do immediately after falling in a store?
Report the accident to the store manager immediately and insist they create an incident report. Take photos of the hazard that caused you to fall (like a puddle or broken tile), get the contact information of any witnesses, and seek medical attention right away. Delaying medical care can severely hurt your claim.
Does filing an incident report stop the statute of limitations?
No. An incident report simply documents the event for the store’s records. It has no bearing on the legal statute of limitations. The only way to stop the clock is by formally filing a lawsuit in civil court.
Can I sue if there was a “Wet Floor” sign?
It is much harder, but not always impossible. A warning sign generally fulfills the store’s duty to warn customers of a hazard. However, if the sign was placed improperly, hidden around a corner, or left out for days without the floor actually being cleaned, a skilled attorney may still be able to prove negligence.
What if I fell on government property instead of a private business?
If you slip and fall at a post office, public school, or on a city sidewalk, standard personal injury deadlines do not apply. You are dealing with a government entity, which means you must file a formal Notice of Claim extremely quickly—usually within 30 to 180 days of the accident. See our guide on how to determine if your claim has expired for more details.
To see an estimated timeline for your slip and fall claim against a business, check our statute of limitations calculator. Commercial premises liability cases are aggressively defended, so we recommend consulting a licensed personal injury attorney as soon as possible.