In Maryland, most slip and fall victims have three years from the date of their injury to file a claim. Missing this deadline can mean losing your right to compensation entirely, regardless of how serious your injuries are.
There are exceptions that can shorten or extend this window depending on the circumstances. Below, we walk through what you need to know so you can move forward with confidence.
The Standard Deadline: The Three-Year Rule
This rule is established in Maryland Courts and Judicial Proceedings Code Section 5-101.
The clock typically starts on the day the accident occurs. So if you slipped and fell on a wet floor at a grocery store on June 1, 2024, your deadline to file a lawsuit would generally be June 1, 2027.
It is important to note that the statute of limitations applies to filing a lawsuit, not necessarily to reporting your injury or opening an insurance claim. However, waiting too long to take any action can weaken your case. Evidence fades, witnesses forget details, and documentation becomes harder to track down. Acting sooner rather than later gives your claim the best possible foundation.
Exceptions to the Statute of Limitations
While the three-year rule applies in most cases, Maryland law recognizes situations where the deadline may be adjusted. Common exceptions include:
- The discovery rule: In some cases, injuries are not immediately apparent after an accident. If you did not discover your injury right away, the clock may begin on the date you became aware (or reasonably should have become aware) of the harm.
- Injuries to minors: Under Maryland Courts and Judicial Proceedings Code Section 5-201, the statute of limitations is generally tolled (paused) for individuals who were minors at the time of the accident. The clock typically begins when they turn 18.
- Mental incapacity: If the injured person was legally incapacitated at the time of the accident, the deadline may be paused until capacity is restored.
These exceptions are fact-specific, and they do not apply automatically. If you believe an exception might apply to your situation, speaking with a Maryland slip and fall lawyer sooner rather than later is the wisest move.
Special Statute of Limitations for Government Property
If your slip and fall happened on property owned or maintained by a government entity in Maryland, the rules are different and more restrictive. Under Maryland State Government Code Section 12-106 and Courts and Judicial Proceedings Code Section 5-304, claims against government bodies come with additional requirements:
- Notice of claim: You must file a written notice of your claim with the appropriate government agency, typically within 180 days of the accident. This notice is separate from filing a lawsuit and must be completed before you can move forward with litigation.
- Shorter deadlines may apply: Depending on the government body involved, state or local rules may impose a shorter window to file your actual lawsuit after your notice is accepted or denied.
- Specific filing procedures: Each government entity may have its own process for submitting a notice, so identifying the right agency quickly is essential.
If your accident happened at a government-owned building, public sidewalk, state park, or similar location, consulting with an attorney as soon as possible is especially important.
Get on the road to recovery with competent legal representation and high-quality medical professionals. Contact our Maryland personal injury lawyer today.
How Long Do You Have to Report a Fall?
Reporting your slip and fall and filing a lawsuit are two separate things, but both matter for your claim. Maryland law does not set a specific deadline for filing an incident report with a property owner or business. However, the sooner you report, the better.
Reporting promptly creates an official record while details are fresh, establishes a timeline for your injuries, gives the property owner notice of the hazard, and preserves your credibility if the case goes to litigation.
What to Do Before You Leave the Scene
If you were hurt at a store, restaurant, or other business, ask to speak with a manager and request written confirmation that a report was filed. If possible, get a copy. Photograph the hazard, the surrounding area, and any visible injuries, and collect contact information from any witnesses.
Most attorneys advise reporting the same day. The longer you wait, the easier it becomes for a property owner to dispute what happened or claim the hazard did not exist.
What Happens If You Miss the Deadline?
You will almost certainly lose your right to pursue compensation. Courts routinely dismiss cases filed after the statute of limitations has expired, and insurance companies have no legal obligation to negotiate with you once the deadline has passed.
“The quicker you can file a lawsuit after your client has gone through medical care, it’s better for the client. What happens is if you wait too long, first off, you could blow the statute of limitations. If you don’t settle your case or file a lawsuit within three years, your claim is over. You get zero. And so, mistakes happen as you wait and wait for that ‘perfect time.’ The perfect time is sooner rather than later.”
Even if you think your window is still open, do not assume there is time to spare. The nuances around government entities, discovery exceptions, and tolling rules mean your actual deadline could be different from what you expect. The statute of limitations for accidents in Maryland can vary by claim type, so understanding exactly where you stand is essential.
Get Help with Your Slip and Fall Claim
Time is one of the most important factors in any slip and fall case. Once your deadline passes, your options close with it.
Adam Smallow Injury Lawyers helps Maryland injury victims understand their rights and move forward with confidence. We are ready to listen, and we will give you a straightforward picture of your options. Call or text us at (410) 449-7900 or contact us online for a free consultation.
