Slip and Fall Statute of Limitations in Louisiana
Last verified 2026-07 · Source: La. Civ. Code art. 3493.1 ✓ verified · 3 sources
The deadline
2 years
from Date injury or damage is sustained, under La. Civ. Code art. 3493.1.
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If you're researching slip and fall injury claims in Louisiana, the single most important number is 2 years. That's how long La. Civ. Code art. 3493.1 gives you to file a slip and fall lawsuit, counted from Date injury or damage is sustained. File even one day late and the court will almost certainly dismiss the case, no matter how strong it is.
Louisiana Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Slip and Fall | 2 years | La. Civ. Code art. 3493.1 |
| Car Accident | 2 yrs | La. Civ. Code art. 3493.1 |
| Credit Card Debt | 3 yrs | La. Civ. Code art. 3494 |
| Medical Malpractice | 1 yr | La. R.S. 9:5628(A) |
| Wrongful Death | 1 yr | La. C.C. Art. 2315.2 |
| Personal Injury | 2 yrs | La. Civ. Code art. 3493.1 (Acts 2024, No. 423, eff. July 1, 2024) |
| Dog Bite | 1 yr | La. Civ. Code Ann. art. 2321 |
| Defamation | 2 yrs | La. Civ. Code Ann. art. 3493.1 |
| Breach of Contract | 10 yrs | La. Civ. Code art. 3499 |
| Medical Debt | 3 yrs | La. Civ. Code Art. 3494 |
When the Clock Starts
In Louisiana, the limitations period for slip and fall injury claims generally begins on Date injury or damage is sustained. Louisiana recognizes a discovery rule for this claim type: Louisiana courts apply contra non valentem doctrine (judicial equivalent of discovery rule) to suspend prescription when claimant could not have known of injury 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.
Louisiana changed from 1-year to 2-year prescription effective July 1, 2024 via Acts 2024, No. 423 (HB 315); Art. 3493.1 now governs all delictual/tort claims. Falls on public property also subject to La. R.S. § 9:2800 (government must have had actual or constructive notice of defect).
Source: La. Civ. Code art. 3493.1, official Louisiana 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 Louisiana 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 Louisiana Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| Louisiana | 2 years | La. Civ. Code art. 3493.1 |
| Texas | 2 yrs | Tex. Civ. Prac. & Rem. Code § 16.003(a) |
| Arkansas | 3 yrs | Ark. Code Ann. § 16-56-105 |
| Mississippi | 3 yrs | Miss. Code Ann. § 15-1-49 |
Frequently Asked Questions
How long do I have to file a slip and fall lawsuit in Louisiana?
You have 2 years from Date injury or damage is sustained, under La. Civ. Code art. 3493.1.
Can I still sue after 2 years in Louisiana?
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 Louisiana?
Yes. Louisiana courts apply contra non valentem doctrine (judicial equivalent of discovery rule) to suspend prescription when claimant could not have known of injury through reasonable diligence
What if the victim was a minor?
Louisiana 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.
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Sources
- Official La. Civ. Code art. 3493.1 – Delictual Actions; Two-Year Prescription (Louisiana Legislature)
- Corroborating Louisiana Legislature Sets New Prescription Period for Tort Claims – Keogh Cox
- Corroborating Does Louisiana's 2-Year Injury Deadline Cover Slip and Falls? – AKD Lawyers
- 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 Louisiana attorney.