How Long After a Slip and Fall Can You Sue in Florida?
Florida cut the deadline for most injury lawsuits in half in 2023. Here’s how long after a slip and fall you can sue now, the exceptions that are narrower than people think, and why waiting hurts even when you’re inside the deadline.
Written by the Hughes & Barnard Law Firm, P.A. marketing team·Prepared for review by Attorney Howard M. Hughes·Attorney review pending·8 min read
The short answer
For most slip and fall injuries in Florida, you have two years from the date of the fall to sue. That’s the deadline for negligence claims under section 95.11(5)(a) of the Florida Statutes, which Florida’s 2023 tort reform law shortened from four years for falls after March 24, 2023. If your fall happened on or before that date, the old four-year deadline generally applies instead. Claims against government entities come with extra notice requirements, and very few circumstances pause the clock.
In this article
- How long you have to sue after a slip and fall: the two-year rule
- A slip and fall on or before March 24, 2023
- A slip and fall on government property
- When a slip and fall causes a death
- What can pause the clock: very little
- The deadline to file isn’t a deadline to settle
- Why you shouldn’t wait, even with time left
- Frequently asked questions
How long you have to sue after a slip and fall: the two-year rule
Florida’s statute of limitations for negligence, section 95.11(5)(a), gives an injured person two years to file a lawsuit. A slip and fall claim against a store, restaurant, landlord, or other property owner is almost always a negligence claim, so the two-year deadline applies.
The two-year rule came from HB 837 (chapter 2023-15, Laws of Florida), Florida’s 2023 tort reform law, which took effect on March 24, 2023. The law says the shorter deadline applies to causes of action “accruing after” its effective date. Before that, Florida gave negligence claims four years.
For a slip and fall, the claim usually “accrues,” meaning the clock starts, on the day you fell and suffered the injury. Under section 95.031, a claim accrues when its last element occurs, and in a fall case the last element is usually the injury itself. Counting forward two years from that date gives the general deadline for filing a lawsuit.
A slip and fall on or before March 24, 2023
If you fell on or before March 24, 2023, the four-year deadline that applied before HB 837 generally still governs your claim. That means some older falls are still within the deadline, but not for much longer: the last ordinary deadlines under that rule generally fall in March 2027, subject to exceptions. If your fall happened on or very near March 24, 2023, have a lawyer confirm which deadline applies.
| Date of the fall | General deadline to file suit | Rule that applies |
|---|---|---|
| June 1, 2022 | June 1, 2026 (passed) | Old four-year rule |
| January 15, 2023 | January 15, 2027 | Old four-year rule |
| March 1, 2023 | March 1, 2027 | Old four-year rule |
| May 1, 2023 | May 1, 2025 (passed) | New two-year rule |
| December 1, 2024 | December 1, 2026 | New two-year rule |
| August 10, 2025 | August 10, 2027 | New two-year rule |
Confirm which filing deadline applies
Newer ordinary negligence claims
Generally two years for causes of action accruing after March 24, 2023.
Earlier ordinary negligence claims
The former four-year period generally applies. Check the exact accrual date.
Government claims
Separate notice, waiting-period and filing rules apply under section 768.28.
General guidance, not an individual deadline calculation. Tolling and other exceptions can change dates. Ask a lawyer to verify claims arising on or near March 24, 2023.
A slip and fall on government property
If you fell on property owned by the state of Florida, a county, a city, or another Florida government entity, such as a public building, a park, or a state university, the claim runs through section 768.28, Florida’s limited waiver of sovereign immunity. Several extra rules apply:
Don’t treat the longer filing deadline as extra time. The notice has to come first, the waiting period can take months, and evidence fades either way.
When a slip and fall causes a death
If a fall leads to someone’s death, the family’s claim becomes a wrongful death case, and the deadline is generally two years from the date of death under section 95.11(5)(e). The personal representative of the estate brings the case. Our Port St. Lucie wrongful death attorneys can explain how that works.
What can pause the clock: very little
Florida lists the circumstances that pause, or “toll,” a statute of limitations in section 95.051, and it says no other disability or reason tolls the clock except as provided in a few other laws, such as the probate and guardianship codes. For a typical slip and fall, the ones that may matter are:
The last point surprises many families. In Florida, the deadline for a child’s injury claim generally doesn’t pause until the child turns 18. When a parent can act for the child, the ordinary deadline usually applies. Even when tolling does apply to a minor or an incapacitated person, the outer limit for filing the lawsuit is seven years from the fall.
Two things that do not stop the deadline: an insurance company “still investigating,” and settlement negotiations. Unless you settle the claim in a signed agreement, you have to file a lawsuit in time.
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The deadline to file isn’t a deadline to settle
The statute of limitations is the deadline to file a lawsuit, not to resolve the claim. Many slip and fall claims settle before anyone has to sue. But if a claim hasn’t settled as the deadline approaches, filing suit is usually the only way to protect it. Once the deadline passes, the property owner can ask the court to dismiss the case, and you generally lose the claim regardless of how strong it was.
Why you shouldn’t wait, even with time left
The legal deadline to sue after a slip and fall is rarely the one that matters most. In these cases, the most important evidence is fragile:
Waiting also gives the insurer more room to argue that your injuries weren’t serious. Our checklist on what to do after a slip and fall in Florida covers the first steps, our guide to what evidence is needed for a personal injury claim explains what to gather, and our Port St. Lucie slip and fall attorneys can confirm your deadline and help preserve evidence.
Frequently asked questions
How long do I have to sue after a slip and fall in Florida?
Generally two years from the date of the fall for falls after March 24, 2023. The old four-year deadline generally governs falls on or before that date.
Does the deadline start when I fell or when I realized I had an injury?
Usually when you fell. A Florida claim accrues when its last element occurs, and in a fall case that’s normally the injury itself, even if you didn’t know right away how serious it was. Florida’s delayed-discovery rules apply only to certain kinds of claims, such as fraud and products liability, not to an ordinary slip and fall.
Does negotiating with the insurance company stop the clock?
No. Settlement talks don’t pause Florida’s statute of limitations. If you can’t resolve the claim in time, you have to file a lawsuit to protect it.
Does a child’s slip and fall claim get more time?
Usually not. Florida pauses the deadline for a minor only during periods when the child has no parent, guardian, or guardian ad litem, or when that person has a conflicting interest or a court has declared them incapacitated. In the typical case, where a parent can act for the child, the normal deadline applies, and even a tolled claim has a seven-year outer limit.
What if I fell at a city park or public building?
Claims against government entities follow section 768.28. You must give written notice to the agency, and in many cases to the Florida Department of Financial Services, within three years, and you generally can’t sue until the agency or the Department denies the claim or six months pass. Section 768.28 caps damages at $200,000 per person and $300,000 per incident unless the Legislature approves more or the agency settles within its insurance coverage. You generally have four years from the fall to file suit, but the notice and waiting period come first.
What happens if I miss the deadline?
The defendant can ask the court to dismiss the case as time-barred, and you generally lose the claim. That’s why it’s important to confirm your deadline early.
Hughes and Barnard Law Firm, PA
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Howard M. Hughes
Howard brings experience as an insurance adjuster and insurance-defense attorney to his work representing injured people. A member of The Florida Bar since 1995, he handles personal injury, wrongful death and premises liability matters.
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Cameron Barnard
Cameron began his legal career defending hospitals, doctors and insurance companies. He now represents injured individuals and families in catastrophic injury, wrongful death and other complex cases, including medical malpractice and nursing home abuse.
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This article provides general information about Florida law. It is not legal advice, and reading it does not create an attorney-client relationship. Every case depends on its own facts, and laws change, so speak with a lawyer about your situation. Prepared October 21, 2026. Attorney review is pending; confirm the law and deadlines for your situation.