Slip and Fall Statute of Limitations in Hawaii
Last verified 2026-07 · Source: Haw. Rev. Stat. § 657-7 ✓ verified · 3 sources
The deadline
2 years
from Date of injury or date plaintiff knew or should have known of the injury, under Haw. Rev. Stat. § 657-7.
Advertisement
Under Haw. Rev. Stat. § 657-7, you have 2 years from Date of injury or date plaintiff knew or should have known of the injury to file a slip and fall lawsuit in Hawaii. Miss it and you lose the right to sue — but several Hawaii-specific exceptions can extend (or shorten) that window, detailed below.
Hawaii Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Slip and Fall | 2 years | Haw. Rev. Stat. § 657-7 |
| Car Accident | 2 yrs | Haw. Rev. Stat. § 431:10C-315(b) |
| Credit Card Debt | 6 yrs | Haw. Rev. Stat. § 657-1 |
| Medical Malpractice | 2 yrs | Haw. Rev. Stat. § 657-7.3 |
| Wrongful Death | 2 yrs | HRS § 663-3 |
| Personal Injury | 2 yrs | Haw. Rev. Stat. § 657-7 |
| Dog Bite | 2 yrs | H.R.S. § 663-9 (strict liability); SOL: H.R.S. § 657-7 |
| Defamation | 2 yrs | Haw. Rev. Stat. § 657-4 |
| Breach of Contract | 6 yrs | Haw. Rev. Stat. § 657-1(1) |
| Medical Debt | 6 yrs | Haw. Rev. Stat. § 657-1 |
When the Clock Starts
In Hawaii, the limitations period for slip and fall injury claims generally begins on Date of injury or date plaintiff knew or should have known of the injury. Hawaii recognizes a discovery rule for this claim type: Hawaii applies the discovery rule; SOL runs from when the plaintiff knew or should have known of the injury through reasonable diligence.
Advertisement
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 Liability Act (HRS Ch. 662) waives sovereign immunity; same 2-year SOL applies against the State (HRS § 662-4); written notice to relevant agency required before suit
Hawaii's 2-year SOL applies to premises liability claims including slip and fall. The State Tort Liability Act (HRS Ch. 662) allows suits against the State subject to the same 2-year period. No statutory damage cap for general negligence.
Source: Haw. Rev. Stat. § 657-7, official Hawaii 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 Hawaii 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 Hawaii Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| Hawaii | 2 years | Haw. Rev. Stat. § 657-7 |
| California | 2 yrs | Cal. Civ. Proc. Code § 335.1 |
| Washington | 3 yrs | Wash. Rev. Code § 4.16.080(2) |
Frequently Asked Questions
How long do I have to file a slip and fall lawsuit in Hawaii?
You have 2 years from Date of injury or date plaintiff knew or should have known of the injury, under Haw. Rev. Stat. § 657-7.
Can I still sue after 2 years in Hawaii?
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 Hawaii?
Yes. Hawaii applies the discovery rule; SOL runs from when the plaintiff knew or should have known of the injury through reasonable diligence.
What if the victim was a minor?
Hawaii 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 Liability Act (HRS Ch. 662) waives sovereign immunity; same 2-year SOL applies against the State (HRS § 662-4); written notice to relevant agency required before suit
Advertisement
Sources
- Official HRS § 657-7 — Hawaii State Legislature
- Corroborating Hawaii Personal Injury Laws — Nolo
- Corroborating HRS § 657-7 — 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 Hawaii attorney.