Slip and Fall Statute of Limitations in Alabama

Last verified 2026-07 · Source: Ala. Code § 6-2-38(l) ✓ verified · 3 sources

The deadline

2 years

from Date of injury, under Ala. Code § 6-2-38(l).

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Under Ala. Code § 6-2-38(l), you have 2 years from Date of injury to file a slip and fall lawsuit in Alabama. Miss it and you lose the right to sue — but several Alabama-specific exceptions can extend (or shorten) that window, detailed below.

Alabama Deadlines for Related Claims

When the Clock Starts

In Alabama, the limitations period for slip and fall injury claims generally begins on Date of injury. Alabama does not apply a general discovery rule to this claim type — the date of the event controls, which makes early action critical.

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Exceptions That Can Extend the Deadline

Alabama follows the injury-accrual rule; clock starts on the date of the fall. Municipal and county defendants require a verified written claim within 6 months of the accident before suit may be filed.

Source: Ala. Code § 6-2-38(l), official Alabama statute · verified 2026-07

What to Do Before the Deadline Runs

  1. Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
  2. Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
  3. Send preservation/notice letters where required (especially for Alabama government defendants).
  4. If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.

How Alabama Compares to Nearby States

Frequently Asked Questions

How long do I have to file a slip and fall lawsuit in Alabama?

You have 2 years from Date of injury, under Ala. Code § 6-2-38(l).

Can I still sue after 2 years in Alabama?

Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.

What if the victim was a minor?

Alabama generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.

Is the deadline different for claims against the government?

6-month verified written claim required for municipal defendants as condition precedent to suit (Ala. Code § 11-47-23); 6-month claim for county defendants (Ala. Code § 11-12-7)

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Sources

This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Alabama attorney.