Slip and Fall Statute of Limitations in Washington

Last verified 2026-07 · Source: Wash. Rev. Code § 4.16.080(2) ✓ verified · 3 sources

The deadline

3 years

from date of injury, under Wash. Rev. Code § 4.16.080(2).

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Washington law sets a hard deadline of 3 years to file a slip and fall lawsuit. The controlling statute is Wash. Rev. Code § 4.16.080(2), and the clock generally starts on date of injury. Below: exactly when that clock starts, the exceptions that can pause it, and the traps that shorten it.

Washington Deadlines for Related Claims

When the Clock Starts

In Washington, the limitations period for slip and fall injury claims generally begins on date of injury. Washington recognizes a discovery rule for this claim type: WA courts apply discovery rule when plaintiff could not have discovered the injury

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Exceptions That Can Extend the Deadline

3-year SOL, pure comparative fault, no damage caps.

Source: Wash. Rev. Code § 4.16.080(2), official Washington statute · verified 2026-07

What to Do Before the Deadline Runs

  1. Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
  2. Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
  3. Send preservation/notice letters where required (especially for Washington government defendants).
  4. If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.

How Washington Compares to Nearby States

StateDeadlineStatute
Washington3 yearsWash. Rev. Code § 4.16.080(2)
Idaho 2 yrs Idaho Code § 5-219(4)
Oregon 2 yrs Or. Rev. Stat. § 12.110(1)

Frequently Asked Questions

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

You have 3 years from date of injury, under Wash. Rev. Code § 4.16.080(2).

Can I still sue after 3 years in Washington?

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 Washington?

Yes. WA courts apply discovery rule when plaintiff could not have discovered the injury

What if the victim was a minor?

Washington 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?

Written tort claim plus 60-day waiting period (RCW § 4.96.020 for local; § 4.92.100 for state)

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Sources

This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Washington attorney.