State-by-State Statute of Limitations for Premises Liability

The statute of limitations for a premises liability lawsuit is the time limit to file a claim. If you wait too long, you can lose your right to get damages. However, some exceptions can help extend the deadline.

Statute of limitation laws differ in every state. A local premises liability lawyer can explain your state’s statute of limitations to ensure you file your claim in time.

Understanding the Statute of Limitations

A premises liability lawsuit is a type of personal injury claim. Other personal injury claims include car accidents, product defects, and slip-and-fall cases.

The statute of limitations is the time limit for filing a lawsuit. States have statutes of limitations for criminal and civil lawsuits. Each state has different statute of limitations laws. The time limit can range from as little as one year to four years or more.

The statute of limitations is a strict deadline. In most situations, the time starts running from the date of the accident or incident that caused the injury. The court can dismiss your case even if you file your lawsuit one day after the deadline. Any delays in taking legal action can put your right to compensation at risk.

After a premises liability accident, contact a lawyer as soon as possible to ensure you file your claim in time.

Importance of Filing Within the Statute of Limitations

The statute of limitations can mean the difference between compensation and nothing. State laws put a time limit on how long you have to file a lawsuit for damages. If you file after the deadline, the defendant can ask the court to dismiss your claim.

States have statutes of limitation for civil causes of action for several reasons. Reasons for lawsuit time limits include:

• Lawsuits can be filed promptly.
• Evidence can be lost over time.
• Memories fade and are unreliable after the date of the accident.
• It’s unfair to defendants to give such late notice of a lawsuit.

State-by-State Overview of Statutes of Limitations

• Alabama – 2 years
• Alaska – 2 years
• Arizona – 2 years
• Arkansas – 3 years
• California – 2 years
• Colorado – 2 years
• Connecticut – 2 years
• Delaware – 2 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
• Washington, D.C. – 3 years
• West Virginia – 2 years
• Wisconsin – 3 years
• Wyoming – 4 years

These timelines may have exceptions. Statute of limitations laws can change. Talk to a local attorney for the most up-to-date information on your state laws for premises liability.

Exceptions to the Statute of Limitations

The strict statute of limitations has exceptions, which vary by state. The most common exceptions include:

• Discovery rule
• Injured parties under the age of 18

Late Discovery of a Personal Injury Claim

The discovery rule applies when the accident happened, but you don’t discover the injury until later.

For example, you stay in a hotel with defective ventilation systems. Without knowing it, you inhale bacteria through the ventilation. For months, you suffer respiratory illness. Later, you discover that the dangerous hotel conditions were the source of the illness. The court may give you more time to file your premises liability claim for late discovery.

Discovery rule exceptions are more common in medical malpractice cases, where the patient discovers a surgical error after surgery. It’s rare to have a premises liability accident that unknowingly causes an injury until months later.

Before you rely on any exceptions, talk to a personal injury lawyer to make sure you file in time. If you claim an exception, the property owner will probably challenge your filing.

Personal Injury Cases With Minor Victims

Child victims in a premises liability accident should have more time to file a lawsuit. Children don’t have the legal rights of adults until they turn 18. Many states give minor injury victims more time to file a personal injury lawsuit.

Not all state laws treat children the same. Some state statutes don’t start running the clock until the child reaches 18. Other states start the time limit when the child turns eight. If your child suffered a slip-and-fall or other injury, contact a lawyer to find out about their rights under state personal injury law.

How To File Your Premises Liability Case in Time

Finding out you filed your lawsuit too late is devastating. Even with thousands of dollars in medical expenses, you can’t get anything if you file your claim after the deadline. Working with an experienced lawyer is the best way to make sure you file your legal action in time.

A local personal injury attorney understands state laws for personal injury actions. They’ll make sure to file your claim in time to help you get compensation. If it’s too late to file your claim, your lawyer can identify any exceptions that give you more time. Contact a local premises liability lawyer to make sure you file in time.