Slip and Fall Statute of Limitations in Illinois
Last verified 2026-07 · Source: 735 ILCS 5/13-202 ✓ verified · 3 sources
The deadline
2 years
from Date of injury, under 735 ILCS 5/13-202.
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Under 735 ILCS 5/13-202, you have 2 years from Date of injury to file a slip and fall lawsuit in Illinois. Miss it and you lose the right to sue — but several Illinois-specific exceptions can extend (or shorten) that window, detailed below.
Illinois Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Slip and Fall | 2 years | 735 ILCS 5/13-202 |
| Car Accident | 2 yrs | 735 ILCS 5/13-202 |
| Credit Card Debt | 5 yrs | 735 ILCS 5/13-205 |
| Medical Malpractice | 2 yrs | 735 ILCS 5/13-212(a) |
| Wrongful Death | 2 yrs | 740 ILCS 180/2 |
| Personal Injury | 2 yrs | 735 Ill. Comp. Stat. § 5/13-202 |
| Dog Bite | 2 yrs | 510 ILCS 5/16 (Animal Control Act, strict liability); SOL: 735 ILCS 5/13-202 |
| Defamation | 1 yr | 735 ILCS 5/13-201 |
| Breach of Contract | 10 yrs | 735 ILCS 5/13-206 |
| Medical Debt | 5 yrs | 735 ILCS 5/13-205 |
When the Clock Starts
In Illinois, the limitations period for slip and fall injury claims generally begins on Date of injury. Illinois recognizes a discovery rule for this claim type: Illinois courts apply a discovery rule in cases where the injury was not immediately apparent or could not have been discovered through 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: CRITICAL: 1-year SOL applies to claims against local government entities (745 ILCS 10/8-101), not the standard 2 years; notice of claim required within 6 months for CTA and certain transit authorities (745 ILCS 10/9-102)
For falls on local government property (city sidewalks, county buildings, park districts), Illinois shortens the SOL to 1 year under 745 ILCS 10/8-101. Private property falls use the standard 2-year SOL. No general compensatory damage cap for negligence.
Source: 735 ILCS 5/13-202, official Illinois 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 Illinois 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 Illinois Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| Illinois | 2 years | 735 ILCS 5/13-202 |
| Wisconsin | 3 yrs | Wis. Stat. § 893.54(1m) |
| Iowa | 2 yrs | Iowa Code § 614.1(2) |
| Missouri | 5 yrs | Mo. Rev. Stat. § 516.120(4) |
| Kentucky | 1 yr | Ky. Rev. Stat. Ann. § 413.140(1)(a) |
| Indiana | 2 yrs | Ind. Code § 34-11-2-4 |
Frequently Asked Questions
How long do I have to file a slip and fall lawsuit in Illinois?
You have 2 years from Date of injury, under 735 ILCS 5/13-202.
Can I still sue after 2 years in Illinois?
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 Illinois?
Yes. Illinois courts apply a discovery rule in cases where the injury was not immediately apparent or could not have been discovered through reasonable diligence.
What if the victim was a minor?
Illinois 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?
CRITICAL: 1-year SOL applies to claims against local government entities (745 ILCS 10/8-101), not the standard 2 years; notice of claim required within 6 months for CTA and certain transit authorities (745 ILCS 10/9-102)
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Sources
- Official 735 ILCS 5/13-202 — Illinois General Assembly
- Corroborating Illinois Personal Injury Laws — Nolo
- Corroborating 735 ILCS 5/13-202 — 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 Illinois attorney.