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
| Claim type | Deadline | Statute |
|---|---|---|
| Slip and Fall | 3 years | Wash. Rev. Code § 4.16.080(2) |
| Car Accident | 3 yrs | Wash. Rev. Code § 4.16.080 |
| Credit Card Debt | 6 yrs | RCW 4.16.040(1)-(2) |
| Medical Malpractice | 3 yrs | RCW 4.16.350 |
| Wrongful Death | 3 yrs | Wash. Rev. Code § 4.16.080(2) |
| Personal Injury | 3 yrs | Wash. Rev. Code § 4.16.080(2) |
| Dog Bite | 3 yrs | RCW § 16.08.040; SOL: RCW § 4.16.080 |
| Defamation | 2 yrs | Wash. Rev. Code § 4.16.100 |
| Breach of Contract | 6 yrs | RCW 4.16.040 |
| Medical Debt | 6 yrs | RCW 4.16.040 |
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
- 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: Written tort claim plus 60-day waiting period (RCW § 4.96.020 for local; § 4.92.100 for state)
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
- 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 Washington 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 Washington Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| Washington | 3 years | Wash. 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
- Official Washington Legislature: RCW 4.16.080
- Corroborating Nolo: Filing Tort Claim Against Government in WA
- Corroborating Stritmatter Law: WA Government Injury Claims
- 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 Washington attorney.