Slip and Fall Statute of Limitations in Kentucky
Last verified 2026-07 · Source: Ky. Rev. Stat. Ann. § 413.140(1)(a) ✓ verified · 3 sources
The deadline
1 year
from Date of injury; discovery rule recognized for latent injuries, under Ky. Rev. Stat. Ann. § 413.140(1)(a).
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Kentucky law sets a hard deadline of 1 year to file a slip and fall lawsuit. The controlling statute is Ky. Rev. Stat. Ann. § 413.140(1)(a), and the clock generally starts on Date of injury; discovery rule recognized for latent injuries. Below: exactly when that clock starts, the exceptions that can pause it, and the traps that shorten it.
Kentucky Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Slip and Fall | 1 year | Ky. Rev. Stat. Ann. § 413.140(1)(a) |
| Car Accident | 2 yrs | Ky. Rev. Stat. § 304.39-230(6) |
| Credit Card Debt | 5 yrs | KRS § 413.120 |
| Medical Malpractice | 1 yr | KRS 413.140(1)(e), (2) |
| Wrongful Death | 1 yr | KRS § 411.130; KRS § 413.180 |
| Personal Injury | 1 yr | Ky. Rev. Stat. § 413.140(1)(a) |
| Dog Bite | 1 yr | KRS § 258.235(4) |
| Defamation | 1 yr | KRS § 413.140(1)(d) |
| Breach of Contract | 10 yrs | KRS 413.160 |
| Medical Debt | 10 yrs | KRS § 413.160 |
When the Clock Starts
In Kentucky, the limitations period for slip and fall injury claims generally begins on Date of injury; discovery rule recognized for latent injuries. Kentucky recognizes a discovery rule for this claim type: Kentucky courts recognize discovery rule where injury was not immediately apparent or identifiable; for typical visible slip-and-fall injuries the clock starts at the date of injury
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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 of Kentucky claims heard by Board of Claims under KRS § 44.070 et seq.; local government falls: KRS § 65.2003 governs political subdivision tort liability; consult individual local government's claim procedures
Kentucky has the shortest personal injury SOL (1 year) among these states; act immediately after a fall. A July 15, 2026 amendment to § 413.140 may modify certain provisions; the 1-year period remains in force.
Source: Ky. Rev. Stat. Ann. § 413.140(1)(a), official Kentucky 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 Kentucky 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 Kentucky Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| Kentucky | 1 year | Ky. Rev. Stat. Ann. § 413.140(1)(a) |
| Illinois | 2 yrs | 735 ILCS 5/13-202 |
| Indiana | 2 yrs | Ind. Code § 34-11-2-4 |
| Ohio | 2 yrs | Ohio Rev. Code § 2305.10 |
| West Virginia | 2 yrs | W. Va. Code § 55-2-12(b) |
| Virginia | 2 yrs | Va. Code Ann. § 8.01-243(A) |
| Tennessee | 1 yr | Tenn. Code Ann. § 28-3-104(a)(1) |
| Missouri | 5 yrs | Mo. Rev. Stat. § 516.120(4) |
Frequently Asked Questions
How long do I have to file a slip and fall lawsuit in Kentucky?
You have 1 year from Date of injury; discovery rule recognized for latent injuries, under Ky. Rev. Stat. Ann. § 413.140(1)(a).
Can I still sue after 1 years in Kentucky?
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 Kentucky?
Yes. Kentucky courts recognize discovery rule where injury was not immediately apparent or identifiable; for typical visible slip-and-fall injuries the clock starts at the date of injury
What if the victim was a minor?
Kentucky 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 of Kentucky claims heard by Board of Claims under KRS § 44.070 et seq.; local government falls: KRS § 65.2003 governs political subdivision tort liability; consult individual local government's claim procedures
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Sources
- Official KRS § 413.140 – Actions to Be Brought Within One Year (Kentucky Legislature)
- Corroborating Kentucky Personal Injury Laws and Statutes of Limitations – Nolo
- Corroborating Kentucky Slip and Fall Laws: Proving Premises Liability – Recording 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 Kentucky attorney.