Slip and Fall Statute of Limitations in North Dakota

Last verified 2026-07 · Source: N.D. Cent. Code § 28-01-16(5) ✓ verified · 3 sources

The deadline

6 years

from Date of injury, under N.D. Cent. Code § 28-01-16(5).

The deadline to file a slip and fall lawsuit in North Dakota is 6 years, set by N.D. Cent. Code § 28-01-16(5). It starts running on Date of injury. This page covers the exceptions, the government-claim trap, and the steps to take before time runs out.

North Dakota Deadlines for Related Claims

Claim type	Deadline	Statute
Slip and Fall	6 years	N.D. Cent. Code § 28-01-16(5)
Car Accident	6 yrs	N.D. Cent. Code § 28-01-16(5)
Credit Card Debt	6 yrs	N.D. Cent. Code § 28-01-16(1)
Medical Malpractice	2 yrs	N.D.C.C. § 28-01-18(3)
Wrongful Death	2 yrs	N.D. Cent. Code § 32-21-02
Personal Injury	6 yrs	N.D. Cent. Code § 28-01-16(5)
Dog Bite	6 yrs	N.D. Cent. Code § 28-01-16
Defamation	2 yrs	N.D.C.C. § 28-01-18
Breach of Contract	6 yrs	N.D. Cent. Code § 28-01-16(1)
Medical Debt	6 yrs	N.D.C.C. § 28-01-16(1)

When the Clock Starts

In North Dakota, the limitations period for slip and fall injury claims generally begins on Date of injury. North Dakota recognizes a discovery rule for this claim type: ND courts apply discovery rule for latent injuries

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: 180-day notice to Risk Management Division under NDCC § 32-12.2-04
Damage caps: $250,000 per person for state claims under NDCC § 32-12.2-02(2)

6-year SOL.

Source: N.D. Cent. Code § 28-01-16(5), official North Dakota 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 North Dakota 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 North Dakota Compares to Nearby States

State	Deadline	Statute
North Dakota	6 years	N.D. Cent. Code § 28-01-16(5)
Minnesota	2 yrs	Minn. Stat. § 541.07(1)
South Dakota	3 yrs	S.D. Codified Laws § 15-2-14(3)
Montana	3 yrs	Mont. Code Ann. § 27-2-204(1)

Frequently Asked Questions

How long do I have to file a slip and fall lawsuit in North Dakota?

You have 6 years from Date of injury, under N.D. Cent. Code § 28-01-16(5).

Can I still sue after 6 years in North Dakota?

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 North Dakota?

Yes. ND courts apply discovery rule for latent injuries

What if the victim was a minor?

North Dakota 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?

180-day notice to Risk Management Division under NDCC § 32-12.2-04

Sources

Official NDCC Chapter 28-01 – ND Legislative Branch
Corroborating North Dakota Personal Injury Laws – Nolo
Corroborating NDCC Chapter 32-12.2 – Justia
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 North Dakota attorney.