Slip and Fall Statute of Limitations in Indiana
Last verified 2026-07 · Source: Ind. Code § 34-11-2-4 ✓ verified · 3 sources
The deadline
2 years
from Date of injury; discovery rule applied in limited circumstances for latent injuries, under Ind. Code § 34-11-2-4.
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The deadline to file a slip and fall lawsuit in Indiana is 2 years, set by Ind. Code § 34-11-2-4. It starts running on Date of injury; discovery rule applied in limited circumstances for latent injuries. This page covers the exceptions, the government-claim trap, and the steps to take before time runs out.
Indiana Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Slip and Fall | 2 years | Ind. Code § 34-11-2-4 |
| Car Accident | 2 yrs | Ind. Code § 34-11-2-4(a) |
| Credit Card Debt | 6 yrs | Ind. Code § 34-11-2-9 |
| Medical Malpractice | 2 yrs | Ind. Code § 34-18-7-1 |
| Wrongful Death | 2 yrs | Indiana Code § 34-23-1-1 |
| Personal Injury | 2 yrs | Ind. Code § 34-11-2-4(a)(1) |
| Dog Bite | 2 yrs | Ind. Code § 15-20-1-3 |
| Defamation | 2 yrs | Ind. Code § 34-11-2-4 |
| Breach of Contract | 10 yrs | Ind. Code § 34-11-2-11 |
| Medical Debt | 6 yrs | Ind. Code § 34-11-2-9 |
When the Clock Starts
In Indiana, the limitations period for slip and fall injury claims generally begins on Date of injury; discovery rule applied in limited circumstances for latent injuries. Indiana recognizes a discovery rule for this claim type: Indiana courts apply discovery rule narrowly; for typical visible slip-and-fall injuries the clock starts at date of injury; latent injury cases may toll until discovery
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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: 180-day written notice to political subdivision required (Ind. Code § 34-13-3-8); 270-day notice for state claims (Ind. Code § 34-13-3-6); failure to give timely notice bars the claim
- Damage caps: Government claims capped at $700,000 per person / $5,000,000 per occurrence under Ind. Code § 34-13-3-4; no cap for private defendants
Indiana Tort Claims Act imposes strict pre-suit notice for all government property falls. Private slip-and-fall: 2-year SOL with no compensatory damage cap.
Source: Ind. Code § 34-11-2-4, official Indiana 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 Indiana 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 Indiana Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| Indiana | 2 years | Ind. Code § 34-11-2-4 |
| Illinois | 2 yrs | 735 ILCS 5/13-202 |
| Kentucky | 1 yr | Ky. Rev. Stat. Ann. § 413.140(1)(a) |
| Ohio | 2 yrs | Ohio Rev. Code § 2305.10 |
| Michigan | 3 yrs | Mich. Comp. Laws § 600.5805(2) |
Frequently Asked Questions
How long do I have to file a slip and fall lawsuit in Indiana?
You have 2 years from Date of injury; discovery rule applied in limited circumstances for latent injuries, under Ind. Code § 34-11-2-4.
Can I still sue after 2 years in Indiana?
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 Indiana?
Yes. Indiana courts apply discovery rule narrowly; for typical visible slip-and-fall injuries the clock starts at date of injury; latent injury cases may toll until discovery
What if the victim was a minor?
Indiana 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?
180-day written notice to political subdivision required (Ind. Code § 34-13-3-8); 270-day notice for state claims (Ind. Code § 34-13-3-6); failure to give timely notice bars the claim
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Sources
- Official Indiana Code § 34-11-2-4 – Injury or Forfeiture of Penalty Actions (IGA)
- Corroborating Indiana Personal Injury Laws and Statutes of Limitations – Nolo
- Corroborating Statute of Limitations for Slip and Fall Claims in Indiana – Yosha Law
- 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 Indiana attorney.