Slip and Fall Statute of Limitations in Michigan
Last verified 2026-07 · Source: Mich. Comp. Laws § 600.5805(2) ✓ verified · 3 sources
The deadline
3 years
from Date of injury; discovery rule applies in limited circumstances, under Mich. Comp. Laws § 600.5805(2).
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The deadline to file a slip and fall lawsuit in Michigan is 3 years, set by Mich. Comp. Laws § 600.5805(2). It starts running on Date of injury; discovery rule applies in limited circumstances. This page covers the exceptions, the government-claim trap, and the steps to take before time runs out.
Michigan Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Slip and Fall | 3 years | Mich. Comp. Laws § 600.5805(2) |
| Car Accident | 3 yrs | Mich. Comp. Laws § 600.5805(2) |
| Credit Card Debt | 6 yrs | Mich. Comp. Laws § 600.5807(9) |
| Medical Malpractice | 2 yrs | MCL § 600.5838a (medical-malpractice accrual/limitations); MCL § 600.5805(8) (2-year period) |
| Wrongful Death | 3 yrs | Mich. Comp. Laws § 600.2922; § 600.5805(2) |
| Personal Injury | 3 yrs | Mich. Comp. Laws § 600.5805(2) |
| Dog Bite | 3 yrs | MCL § 287.351 |
| Defamation | 1 yr | MCL § 600.5805(11) |
| Breach of Contract | 6 yrs | Mich. Comp. Laws § 600.5807(9) |
| Medical Debt | 6 yrs | MCL 600.5807 |
When the Clock Starts
In Michigan, the limitations period for slip and fall injury claims generally begins on Date of injury; discovery rule applies in limited circumstances. Michigan recognizes a discovery rule for this claim type: Michigan recognizes discovery rule when plaintiff could not have known of injury through reasonable diligence; accrual delayed until plaintiff knows or should know 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: 120-day written notice required before suing on claims involving defective public buildings or highways under MCL § 691.1404; failure to give notice within 120 days is an absolute bar to suit
Michigan Governmental Tort Liability Act (MCL § 691.1401 et seq.) governs public property falls and requires strict 120-day pre-suit notice. Private slip and fall: 3-year SOL under MCL § 600.5805(2), no compensatory damage cap.
Source: Mich. Comp. Laws § 600.5805(2), official Michigan 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 Michigan 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 Michigan Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| Michigan | 3 years | Mich. Comp. Laws § 600.5805(2) |
| Ohio | 2 yrs | Ohio Rev. Code § 2305.10 |
| Indiana | 2 yrs | Ind. Code § 34-11-2-4 |
| Wisconsin | 3 yrs | Wis. Stat. § 893.54(1m) |
Frequently Asked Questions
How long do I have to file a slip and fall lawsuit in Michigan?
You have 3 years from Date of injury; discovery rule applies in limited circumstances, under Mich. Comp. Laws § 600.5805(2).
Can I still sue after 3 years in Michigan?
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 Michigan?
Yes. Michigan recognizes discovery rule when plaintiff could not have known of injury through reasonable diligence; accrual delayed until plaintiff knows or should know of injury
What if the victim was a minor?
Michigan 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?
120-day written notice required before suing on claims involving defective public buildings or highways under MCL § 691.1404; failure to give notice within 120 days is an absolute bar to suit
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Sources
- Official MCL § 600.5805 – Injuries to Persons or Property; Period of Limitations (Michigan Legislature)
- Corroborating Michigan Personal Injury Laws and Statutes of Limitations – Nolo
- Corroborating Michigan Governmental Immunity: The 120-Day Notice Trap (2026)
- 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 Michigan attorney.