In most cases, you have two years from the date of a slip and fall to file a lawsuit in Florida. That deadline applies to most falls that happened after March 24, 2023, when Florida shortened its general negligence deadline from four years to two. Some situations follow different rules, including older accidents, falls on government property, claims involving certain minors, and falls that result in a death.
At Novo Law, we help people injured in falls across Broward, Miami-Dade, and Palm Beach Counties understand their filing deadline and the steps needed to protect their claim. Our bilingual team gives honest, clear answers in English and Spanish. Contact Novo Law at (954) 822-5198 for a free consultation.
What Is the Statute of Limitations for a Slip and Fall in Florida?
A statute of limitations sets the deadline for filing a lawsuit. Most slip and fall lawsuits involve allegations of negligence and fall under Florida’s two-year negligence filing period in § 95.11(5)(a), subject to exceptions discussed below.
Why Older Accidents May Follow the Former Four-Year Rule
Florida’s 2023 tort reform law, HB 837, cut the negligence deadline from four years to two. The new two-year period applies to causes of action that accrued after the law took effect on March 24, 2023. Falls that happened on or before that date generally remain subject to the former four-year deadline.
Whether an older claim remains timely depends on the accident date and any applicable exceptions, so do not assume you still have time without having the deadline reviewed.
When Does the Slip and Fall Filing Deadline Start?
In most slip and fall cases, the clock starts on the date of the accident, because that’s when the injury occurred and the claim accrued. It doesn’t wait until you finish treatment, learn the full extent of your injuries, or hear back from an insurance company.
Medical treatment and settlement negotiations don’t automatically pause or extend the deadline, so a claim that’s still being negotiated can still expire.
How Long Do You Have to Report a Slip and Fall?
Florida does not set a specific statutory deadline for reporting a fall to a property owner, but you should notify the owner or manager as soon as reasonably possible, ideally before leaving. Ask them to complete an incident report and request a copy to help document when and where you fell and the hazard involved. For falls involving a spill or other substance at a business, early documentation may also help establish whether the business knew or should have known about the dangerous condition.
Reporting the fall or opening an insurance claim is separate from filing a lawsuit. Do not assume that either step protects your filing deadline.
Contact Novo Law at (954) 822-5198 to discuss your fall and the deadlines that may apply.
What Can Change the Deadline for a Florida Slip and Fall Claim?
Several circumstances can shorten, lengthen, or add steps to the timeline.
Falls on Florida State or Local Government Property
Falls on government property, such as a public building, sidewalk, or park, follow special rules under Florida Statute § 768.28. Before filing suit, the injured person generally must present a written claim to the appropriate government agency within three years after the claim accrues. Notice must generally also be provided to the Florida Department of Financial Services, although claims against municipalities, counties, and the Florida Space Authority are exempt from that additional notice requirement.
Limited Tolling Rules for Minors and Legally Incapacitated People
Florida’s tolling statute, § 95.051, is narrow. Florida does not automatically pause a slip and fall filing deadline simply because the injured person is a child. Tolling may apply when a qualifying parent, guardian, or guardian ad litem does not exist, has interests that conflict with the injured person’s, or has been adjudicated incapacitated to sue.
Separate tolling rules also address people adjudicated incapacitated before their claim accrued. These provisions generally require the action to begin within seven years of the event giving rise to the claim.
When a Fall Results in a Wrongful Death Claim
If a fall causes someone’s death, a wrongful death lawsuit generally must be filed within two years of the date of death rather than the date of the fall. Claims against government entities also have special notice and review requirements that can affect the filing timeline.
Unsure whether special filing or notice rules apply to your fall? Call Novo Law at (954) 822-5198 to discuss the circumstances and the next steps for your claim.
Why You Should Act Before the Filing Deadline Approaches
Waiting until the deadline is close leaves little room for the work that strengthens a case. Stores and property owners often keep surveillance footage only for a limited time before it’s recorded over. Spills get cleaned, broken steps get fixed, and witnesses become harder to find or remember less. Taking photos, collecting witness contact information, and requesting that footage be preserved early helps protect evidence that may not exist later.
Early action also gives your attorney time to investigate who owned, managed, or maintained the property, gather medical records, and evaluate whether the hazard was something the owner knew or should have known about.
What Happens if You Miss the Slip and Fall Statute of Limitations?
If you file after the deadline, the property owner can ask the court to dismiss the case, and in most situations the court will grant that request. Once the claim is time-barred, you generally lose the right to recover compensation through the courts, no matter how serious your injuries or how clear the owner’s fault.
Speak With Novo Law About Your Slip and Fall Filing Deadline
You do not have to figure out your filing deadline alone. At Novo Law, you work directly with your attorney to understand your options and the next steps for your case. We’ll review when and where your fall happened, identify the deadline that applies, and work to preserve evidence that supports your claim.
Our attorneys bring more than 20 years of experience in Florida’s courts. We handle personal injury cases on a contingency fee basis, so you pay nothing upfront.
Whether you slipped on a wet floor or tripped on a broken walkway, take the first step toward understanding your rights. Call Novo Law at (954) 822-5198 or contact us online to schedule a free consultation about your fall and filing deadline.
Frequently Asked Questions About Florida Slip and Fall Deadlines
Can I Sue for a Slip and Fall Accident if I Did Not Report It Immediately?
Potentially. Not reporting a fall immediately does not necessarily prevent you from pursuing a lawsuit, but a delay can make it harder to establish what happened. Report the incident and preserve any available evidence as soon as reasonably possible, and have the filing deadline reviewed.
Does Filing an Insurance Claim Stop the Statute of Limitations?
No. An insurance claim and a lawsuit are separate. Negotiating with an insurer doesn’t pause the deadline, so if the claim doesn’t settle in time, a lawsuit must still be filed before the statute of limitations expires.
Can I Wait Until My Medical Treatment Is Finished to File a Lawsuit?
Not necessarily. The deadline generally runs from the date of the fall, not the end of treatment. If treatment is ongoing as the deadline approaches, your attorney can file suit to protect the claim while your medical picture continues to develop.
Does the Filing Deadline Automatically Pause Until a Child Turns 18?
No. In Florida, a child’s claim is usually subject to the standard deadline, because a parent or guardian can file on the child’s behalf. Tolling applies only in limited circumstances, such as when no parent or guardian exists or the parent’s interests conflict with the child’s, and even then the case must be filed within seven years of the accident.
Does the Two-Year Deadline Mean My Case Must Be Resolved Within Two Years?
No. The statute of limitations generally sets the deadline to file the lawsuit, not to finish the case. A timely filed lawsuit may continue beyond that period, but the parties must still comply with court deadlines and procedural requirements.
