Slip and Fall Statute of Limitations in Maryland
Last verified 2026-07 · Source: Md. Code Ann., Cts. & Jud. Proc. § 5-101 ✓ verified · 3 sources
The deadline
3 years
from Date of injury or date plaintiff knew or reasonably should have known of injury and its cause, under Md. Code Ann., Cts. & Jud. Proc. § 5-101.
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The deadline to file a slip and fall lawsuit in Maryland is 3 years, set by Md. Code Ann., Cts. & Jud. Proc. § 5-101. It starts running on Date of injury or date plaintiff knew or reasonably should have known of injury and its cause. This page covers the exceptions, the government-claim trap, and the steps to take before time runs out.
Maryland Deadlines for Related Claims
When the Clock Starts
In Maryland, the limitations period for slip and fall injury claims generally begins on Date of injury or date plaintiff knew or reasonably should have known of injury and its cause. Maryland recognizes a discovery rule for this claim type: Maryland recognizes discovery rule; SOL begins when plaintiff knew or reasonably should have known of the injury and its cause
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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 claims: present claim to State Treasurer within 1 year under Md. Code Ann., State Gov't § 12-106; local government falls: written notice within 1 year under Md. Code Ann., Local Gov't § 5-304
- Damage caps: Noneconomic damages capped at approximately $950,000 under Md. Code Ann., Cts. & Jud. Proc. § 11-108 (increases $15,000 annually on October 1); state tort claims capped at $400,000 per claim
Maryland's § 11-108 noneconomic damage cap applies to ALL personal injury actions including private slip and fall. Government property falls also subject to Maryland Tort Claims Act with $400,000 state liability cap and 1-year notice requirement.
Source: Md. Code Ann., Cts. & Jud. Proc. § 5-101, official Maryland 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 Maryland 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 Maryland Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| Maryland | 3 years | Md. Code Ann., Cts. & Jud. Proc. § 5-101 |
| Virginia | 2 yrs | Va. Code Ann. § 8.01-243(A) |
| West Virginia | 2 yrs | W. Va. Code § 55-2-12(b) |
| Pennsylvania | 2 yrs | 42 Pa. Cons. Stat. § 5524 |
| Delaware | 2 yrs | Del. Code Ann. tit. 10, § 8119 |
| District of Columbia | 3 yrs | D.C. Code § 12-301(8) |
Frequently Asked Questions
How long do I have to file a slip and fall lawsuit in Maryland?
You have 3 years from Date of injury or date plaintiff knew or reasonably should have known of injury and its cause, under Md. Code Ann., Cts. & Jud. Proc. § 5-101.
Can I still sue after 3 years in Maryland?
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 Maryland?
Yes. Maryland recognizes discovery rule; SOL begins when plaintiff knew or reasonably should have known of the injury and its cause
What if the victim was a minor?
Maryland 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 claims: present claim to State Treasurer within 1 year under Md. Code Ann., State Gov't § 12-106; local government falls: written notice within 1 year under Md. Code Ann., Local Gov't § 5-304
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Sources
- Official Md. Code Ann., Cts. & Jud. Proc. § 5-101 – General Statute of Limitations (Maryland General Assembly)
- Corroborating Maryland Law on the Statute of Limitations – Miller & Zois
- Corroborating Statute of Limitations for a Slip and Fall Case in Maryland – Rice 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 Maryland attorney.