Slip and Fall Statute of Limitations in Montana
Last verified 2026-07 · Source: Mont. Code Ann. § 27-2-204(1) ✓ verified · 3 sources
The deadline
3 years
from Date of injury or date of discovery, under Mont. Code Ann. § 27-2-204(1).
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Montana law sets a hard deadline of 3 years to file a slip and fall lawsuit. The controlling statute is Mont. Code Ann. § 27-2-204(1), and the clock generally starts on Date of injury or date of discovery. Below: exactly when that clock starts, the exceptions that can pause it, and the traps that shorten it.
Montana Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Slip and Fall | 3 years | Mont. Code Ann. § 27-2-204(1) |
| Car Accident | 3 yrs | Mont. Code Ann. § 27-2-204(1) |
| Credit Card Debt | 5 yrs | Mont. Code Ann. § 27-2-202(2) |
| Medical Malpractice | 2 yrs | Mont. Code Ann. § 27-2-205 |
| Wrongful Death | 3 yrs | Mont. Code Ann. § 27-2-204(2); § 27-1-513 |
| Personal Injury | 3 yrs | Mont. Code Ann. § 27-2-204(1) |
| Dog Bite | 3 yrs | Mont. Code Ann. § 27-2-204 |
| Defamation | 2 yrs | Mont. Code Ann. § 27-2-204(3) |
| Breach of Contract | 8 yrs | Mont. Code Ann. § 27-2-202(1) |
| Medical Debt | 5 yrs | Mont. Code Ann. § 27-2-202(2) |
When the Clock Starts
In Montana, the limitations period for slip and fall injury claims generally begins on Date of injury or date of discovery. Montana recognizes a discovery rule for this claim type: Montana recognizes discovery rule; SOL tolled when claimant could not have discovered the 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.
- Government-claim trap: Pre-suit claim must be filed with the state agency or political subdivision under MCA § 2-9-301; government has 120 days to respond; suit may not be filed until the claim is denied or 120 days pass
Montana Tort Claims Act (MCA § 2-9-101 et seq.) requires filing a pre-suit claim with the government entity before suing; if no action or denial within 120 days the plaintiff may file suit within the 3-year SOL. No compensatory damage cap for private defendants.
Source: Mont. Code Ann. § 27-2-204(1), official Montana 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 Montana 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 Montana Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| Montana | 3 years | Mont. Code Ann. § 27-2-204(1) |
| North Dakota | 6 yrs | N.D. Cent. Code § 28-01-16(5) |
| South Dakota | 3 yrs | S.D. Codified Laws § 15-2-14(3) |
| Wyoming | 4 yrs | Wyo. Stat. Ann. § 1-3-105(a)(iv)(C) |
| Idaho | 2 yrs | Idaho Code § 5-219(4) |
Frequently Asked Questions
How long do I have to file a slip and fall lawsuit in Montana?
You have 3 years from Date of injury or date of discovery, under Mont. Code Ann. § 27-2-204(1).
Can I still sue after 3 years in Montana?
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 Montana?
Yes. Montana recognizes discovery rule; SOL tolled when claimant could not have discovered the injury through reasonable diligence
What if the victim was a minor?
Montana 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?
Pre-suit claim must be filed with the state agency or political subdivision under MCA § 2-9-301; government has 120 days to respond; suit may not be filed until the claim is denied or 120 days pass
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Sources
- Official Mont. Code Ann. § 27-2-204 – Tort Actions; General and Personal Injury (Montana Legislature)
- Corroborating Montana Personal Injury Laws and Statutes of Limitations – Nolo
- Corroborating Montana Property Accident Claim Deadline – Tipp Coburn Lockwood
- 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 Montana attorney.