Slip and Fall Statute of Limitations in Florida
Last verified 2026-07 · Source: Fla. Stat. § 95.11(3)(a) ✓ verified · 3 sources
The deadline
2 years
from Date of injury, under Fla. Stat. § 95.11(3)(a).
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If you're researching slip and fall injury claims in Florida, the single most important number is 2 years. That's how long Fla. Stat. § 95.11(3)(a) gives you to file a slip and fall lawsuit, counted from Date of injury. File even one day late and the court will almost certainly dismiss the case, no matter how strong it is.
Florida Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Slip and Fall | 2 years | Fla. Stat. § 95.11(3)(a) |
| Car Accident | 2 yrs | Fla. Stat. § 95.11(5)(a) |
| Credit Card Debt | 5 yrs | Fla. Stat. § 95.11(2)(b) |
| Medical Malpractice | 2 yrs | Fla. Stat. § 95.11(5)(c) |
| Wrongful Death | 2 yrs | Fla. Stat. § 768.19; Fla. Stat. § 95.11(5)(e) |
| Personal Injury | 2 yrs | Fla. Stat. § 95.11(3)(a) |
| Dog Bite | 2 yrs | Fla. Stat. § 767.04 (strict liability); SOL: Fla. Stat. § 95.11(3)(a) (as amended effective March 24, 2023) |
| Defamation | 2 yrs | Fla. Stat. § 95.11(5)(h) |
| Breach of Contract | 5 yrs | Fla. Stat. § 95.11(2)(b) |
| Medical Debt | 5 yrs | Fla. Stat. § 95.11(2)(b) |
When the Clock Starts
In Florida, the limitations period for slip and fall injury claims generally begins on Date of injury. Florida recognizes a discovery rule for this claim type: Florida applies accrual rules incorporating discovery in limited circumstances where injury was not immediately apparent.
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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: Written claim presented to agency head; agency has up to 6 months to investigate before plaintiff may file suit (Fla. Stat. § 768.28(6)(a)); $200,000 per-person / $300,000 per-incident sovereign immunity cap unless Legislature approves claims bill
Florida reduced its negligence SOL from 4 years to 2 years effective March 24, 2023 (HB 837, Ch. 2023-15). Falls on government property require pre-suit notice under § 768.28 and sovereign immunity caps apply. Florida also shifted to modified (51%) comparative fault under the same reform.
Source: Fla. Stat. § 95.11(3)(a), official Florida 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 Florida 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 Florida Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| Florida | 2 years | Fla. Stat. § 95.11(3)(a) |
| Georgia | 2 yrs | O.C.G.A. § 9-3-33 |
| Alabama | 2 yrs | Ala. Code § 6-2-38(l) |
Frequently Asked Questions
How long do I have to file a slip and fall lawsuit in Florida?
You have 2 years from Date of injury, under Fla. Stat. § 95.11(3)(a).
Can I still sue after 2 years in Florida?
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 Florida?
Yes. Florida applies accrual rules incorporating discovery in limited circumstances where injury was not immediately apparent.
What if the victim was a minor?
Florida 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?
Written claim presented to agency head; agency has up to 6 months to investigate before plaintiff may file suit (Fla. Stat. § 768.28(6)(a)); $200,000 per-person / $300,000 per-incident sovereign immunity cap unless Legislature approves claims bill
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Sources
- Official Fla. Stat. § 95.11 — Florida Senate
- Corroborating Florida Personal Injury Laws — Nolo
- Corroborating Fla. Stat. § 95.11 — 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 Florida attorney.