Slip and Fall Statute of Limitations in Arkansas
Last verified 2026-07 · Source: Ark. Code Ann. § 16-56-105 ✓ verified · 3 sources
The deadline
3 years
from Date of injury, under Ark. Code Ann. § 16-56-105.
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The deadline to file a slip and fall lawsuit in Arkansas is 3 years, set by Ark. Code Ann. § 16-56-105. It starts running on Date of injury. This page covers the exceptions, the government-claim trap, and the steps to take before time runs out.
Arkansas Deadlines for Related Claims
When the Clock Starts
In Arkansas, the limitations period for slip and fall injury claims generally begins on Date of injury. Arkansas recognizes a discovery rule for this claim type: Arkansas courts apply a discovery rule tolling the SOL until the plaintiff discovers or should have discovered the injury through the exercise of reasonable diligence.
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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: State tort claims must be submitted to the Arkansas State Claims Commission before suit against the State (Ark. Code Ann. § 19-10-204); municipal liability limited by Ark. Code Ann. § 21-9-301
Arkansas has a 3-year SOL for general negligence/premises liability. The non-economic damage cap (§ 16-55-208) was struck down as unconstitutional by the Arkansas Supreme Court in Johnson v. Rockwell Automation, Inc. (2011). No valid compensatory cap currently exists.
Source: Ark. Code Ann. § 16-56-105, official Arkansas 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 Arkansas 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 Arkansas Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| Arkansas | 3 years | Ark. Code Ann. § 16-56-105 |
| Missouri | 5 yrs | Mo. Rev. Stat. § 516.120(4) |
| Tennessee | 1 yr | Tenn. Code Ann. § 28-3-104(a)(1) |
| Mississippi | 3 yrs | Miss. Code Ann. § 15-1-49 |
| Louisiana | 2 yrs | La. Civ. Code art. 3493.1 |
| Texas | 2 yrs | Tex. Civ. Prac. & Rem. Code § 16.003(a) |
| Oklahoma | 2 yrs | Okla. Stat. tit. 12, § 95(A)(3) |
Frequently Asked Questions
How long do I have to file a slip and fall lawsuit in Arkansas?
You have 3 years from Date of injury, under Ark. Code Ann. § 16-56-105.
Can I still sue after 3 years in Arkansas?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (the discovery rule, tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
Does the discovery rule apply to slip and fall injury claims in Arkansas?
Yes. Arkansas courts apply a discovery rule tolling the SOL until the plaintiff discovers or should have discovered the injury through the exercise of reasonable diligence.
What if the victim was a minor?
Arkansas 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?
State tort claims must be submitted to the Arkansas State Claims Commission before suit against the State (Ark. Code Ann. § 19-10-204); municipal liability limited by Ark. Code Ann. § 21-9-301
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Sources
- Official Arkansas General Assembly — Official Legislature Website
- Corroborating Ark. Code Ann. § 16-56-105 — Justia
- Corroborating Arkansas Personal Injury Laws — Nolo
- 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 Arkansas attorney.