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
| Claim type | Deadline | Statute |
|---|---|---|
| Slip and Fall | 2 years | Ala. Code § 6-2-38(l) |
| Car Accident | 2 yrs | Ala. Code § 6-2-38(l) |
| Credit Card Debt | 3 yrs | Ala. Code § 6-2-37(1) |
| Medical Malpractice | 2 yrs | Ala. Code § 6-5-482 |
| Wrongful Death | 2 yrs | Ala. Code § 6-5-410 |
| Personal Injury | 2 yrs | Ala. Code § 6-2-38(l) |
| Dog Bite | 2 yrs | Ala. Code § 3-6-1 (dog bite liability); SOL: Ala. Code § 6-2-38(l) |
| Defamation | 2 yrs | Ala. Code § 6-2-38(k) |
| Breach of Contract | 6 yrs | Ala. Code § 6-2-34(4) |
| Medical Debt | 6 yrs | Ala. Code § 6-2-34 |
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
- Minors: the clock is generally paused while the injured person is under 18.
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
- Government-claim trap: 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)
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
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for Alabama government defendants).
- 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
| State | Deadline | Statute |
|---|---|---|
| Alabama | 2 years | Ala. Code § 6-2-38(l) |
| Florida | 2 yrs | Fla. Stat. § 95.11(3)(a) |
| Georgia | 2 yrs | O.C.G.A. § 9-3-33 |
| Tennessee | 1 yr | Tenn. Code Ann. § 28-3-104(a)(1) |
| Mississippi | 3 yrs | Miss. Code Ann. § 15-1-49 |
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
- Official Ala. Code § 6-2-38 — Alabama Legislature ALISON
- Corroborating Alabama Personal Injury Laws — Nolo
- Corroborating Ala. Code § 6-2-38 — Justia
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Alabama attorney.