Slip and Fall Statute of Limitations in Texas
Last verified 2026-07 · Source: Tex. Civ. Prac. & Rem. Code § 16.003(a) ✓ verified · 3 sources
The deadline
2 years
from date of injury, under Tex. Civ. Prac. & Rem. Code § 16.003(a).
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If you're researching slip and fall injury claims in Texas, the single most important number is 2 years. That's how long Tex. Civ. Prac. & Rem. Code § 16.003(a) gives you to file a slip and fall lawsuit, counted from date of injury. File even one day late and the court will almost certainly dismiss the case, no matter how strong it is.
Texas Deadlines for Related Claims
When the Clock Starts
In Texas, the limitations period for slip and fall injury claims generally begins on date of injury. Texas recognizes a discovery rule for this claim type: TX recognizes discovery rule in limited circumstances
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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: 6-month written notice under Tex. Civ. Prac. & Rem. Code § 101.101
- Damage caps: TTCA: state $250K/$500K; local $100K/$300K; municipalities $250K/$500K (§ 101.023)
Two-year SOL.
Source: Tex. Civ. Prac. & Rem. Code § 16.003(a), official Texas 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 Texas 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 Texas Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| Texas | 2 years | Tex. Civ. Prac. & Rem. Code § 16.003(a) |
| New Mexico | 3 yrs | NMSA 1978 § 37-1-8 |
| Oklahoma | 2 yrs | Okla. Stat. tit. 12, § 95(A)(3) |
| Arkansas | 3 yrs | Ark. Code Ann. § 16-56-105 |
| Louisiana | 2 yrs | La. Civ. Code art. 3493.1 |
Frequently Asked Questions
How long do I have to file a slip and fall lawsuit in Texas?
You have 2 years from date of injury, under Tex. Civ. Prac. & Rem. Code § 16.003(a).
Can I still sue after 2 years in Texas?
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 Texas?
Yes. TX recognizes discovery rule in limited circumstances
What if the victim was a minor?
Texas 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?
6-month written notice under Tex. Civ. Prac. & Rem. Code § 101.101
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Sources
- Official Texas Statutes: CPRC Chapter 16
- Corroborating Justia: Tex. Civ. Prac. & Rem. Code § 16.003
- Corroborating Nolo: Texas Tort Claims Act
- 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 Texas attorney.