In Texas, you have two years from the date of your slip and fall injury to file a lawsuit — a deadline set by Tex. Civ. Prac. & Rem. Code § 16.003. If you miss this deadline, a court will almost certainly dismiss your case no matter how strong your claim might otherwise be.
Chris Sanchez is a personal injury attorney at The Relentless Lawyer, serving McAllen, Edinburg, Pharr, Mission, and the Rio Grande Valley, Texas.
The Two-Year Statute of Limitations for Slip and Fall Cases in Texas
Under Tex. Civ. Prac. & Rem. Code § 16.003, personal injury claims in Texas — including slip and fall and premises liability claims — must be filed within two years of the date the cause of action accrues. In most slip and fall cases, the cause of action accrues on the day of the fall itself, the day you were injured.
This is a hard deadline. The defendant’s attorney will file a motion to dismiss based on limitations if you miss it, and courts routinely grant those motions. There is no discretion for a judge to forgive a late filing simply because your injuries were severe or because you did not know about the deadline. Texas courts apply the limitations bar strictly.
What “Filing” Means Under Texas Law
It is important to understand what filing a lawsuit actually requires. The two-year deadline is not met by:
- Contacting an attorney
- Sending a demand letter to the property owner or their insurance company
- Opening an insurance claim
- Receiving medical treatment
To satisfy the statute of limitations, your attorney must file a petition — the legal document initiating a lawsuit — with the appropriate Texas court before the two-year deadline expires. In Hidalgo County, which includes McAllen, that means filing in Hidalgo County District Court for claims above the jurisdictional minimum. The filing date is the date the court receives and stamps your petition.
This means you should not wait until the last possible day to hire an attorney. The attorney needs time to investigate your claim, identify all defendants, and prepare the petition. Waiting until the final weeks before the deadline is a significant risk.
Exceptions to the Two-Year Deadline
Texas law recognizes a limited number of circumstances that can toll — meaning pause or delay — the running of the statute of limitations.
The Discovery Rule
In most slip and fall cases, you know you were injured on the day of the fall. But in some situations involving latent injuries — such as internal injuries or conditions that do not manifest symptoms immediately — the discovery rule may apply. Under the discovery rule, the limitations period begins running not on the date of the injury, but on the date you discovered, or through the exercise of reasonable diligence should have discovered, the injury and its cause. Texas courts apply this exception narrowly, and it does not apply in most ordinary slip and fall cases where the injury and its cause are immediately apparent.
Minor Victims
If the person injured in the slip and fall was a minor — under 18 years of age — the statute of limitations is tolled until their 18th birthday. At that point, the two-year clock begins to run. So a child injured at age 10 would have until age 20 to file their own lawsuit. However, a parent or legal guardian may file a claim on the child’s behalf before that time. Early action is still strongly recommended because evidence does not preserve itself.
Legal Disability
Tex. Civ. Prac. & Rem. Code § 16.001 provides that if a person is under a legal disability — including minority or unsound mind — at the time the cause of action accrues, the limitations period is tolled until the disability is removed.
Fraudulent Concealment
If a property owner or their representative actively concealed facts about the hazardous condition — for example, by falsifying maintenance records or destroying evidence — the doctrine of fraudulent concealment may toll the limitations period. This is a fact-specific inquiry that courts evaluate carefully.
Why Waiting Is Dangerous Even Within the Two-Year Window
Even though you technically have two years, waiting comes with serious practical risks that can undermine even a strong case.
Surveillance Footage Is Deleted Quickly
Most commercial properties retain surveillance footage for only 24 to 72 hours before it is automatically overwritten. This footage can show how long the hazard existed before you fell — critical evidence of the property owner’s constructive knowledge. Once it is gone, it is gone. An attorney must send a written litigation hold and preservation demand immediately to have any chance of obtaining this evidence.
Witnesses’ Memories Fade
The longer you wait, the less reliably witnesses can recall details about the condition of the property, the presence or absence of warning signs, or what happened during and after your fall.
Incident Reports and Records May Disappear
Internal incident reports, maintenance logs, and employee statements may be altered or lost over time. Prompt legal action ensures these documents are preserved and produced through formal discovery.
Medical Evidence Is Stronger When Promptly Created
Gaps in medical treatment give insurance companies ammunition to argue that your injuries were not serious or were not caused by the fall. Consistent, contemporaneous medical care creates the documentation needed to prove your damages.
Government Property: A Shorter Deadline May Apply
If your slip and fall occurred on government-owned property — such as a city sidewalk, school, or public building — different rules apply. Claims against Texas governmental entities require filing a formal notice of claim, often within six months of the incident, under the Texas Tort Claims Act (Tex. Civ. Prac. & Rem. Code Chapter 101). Missing this notice requirement can bar your claim entirely. If your fall occurred on any government-owned or government-operated property, you should consult an attorney immediately.
Act Now to Protect Your Rights
The two-year statute of limitations may sound like plenty of time, but effective premises liability cases require investigation, evidence collection, expert consultation, and careful legal preparation. The sooner you contact an attorney after your slip and fall, the better positioned you are to preserve your rights and maximize your recovery.
For a free consultation, contact Chris Sanchez at The Relentless Lawyer at therelentlesslawyer.com or call our McAllen office.
Frequently Asked Questions
When does the two-year clock start running in a Texas slip and fall case?
In most cases, the clock starts on the day you were injured. Under Tex. Civ. Prac. & Rem. Code § 16.003, the limitations period begins when the cause of action accrues, which is generally the date of the incident.
Does contacting an insurance company stop the statute of limitations in Texas?
No. Filing an insurance claim or communicating with an adjuster does not toll the statute of limitations. The only way to preserve your legal rights is to file a lawsuit in court before the deadline expires.
What happens if I miss the two-year deadline for my slip and fall case?
The defendant will almost certainly file a motion to dismiss based on the statute of limitations, and the court will grant it. You will lose your right to pursue compensation regardless of how valid your underlying claim was.
Is the deadline different if a child was injured in a slip and fall?
Yes. Under Tex. Civ. Prac. & Rem. Code § 16.001, the limitations period is tolled for minors until they turn 18. However, a parent or guardian can file a claim on the child’s behalf at any time. Early filing is still advisable for evidence preservation.
Does filing a workers’ compensation claim affect the slip and fall deadline?
If you were injured on a property while working, workers’ compensation and premises liability are separate legal paths with different rules. The two-year statute of limitations for a third-party premises liability claim runs independently. An attorney can help you navigate both.
Can the statute of limitations be tolled if the property owner hid information about the hazard?
Yes, potentially. The fraudulent concealment doctrine may toll limitations if the property owner or their agents actively concealed facts that prevented you from discovering your claim. This requires specific evidence and is evaluated case by case.
Does the two-year deadline apply to slip and fall cases on government property in Texas?
Claims against government entities are subject to special notice requirements under the Texas Tort Claims Act (Tex. Civ. Prac. & Rem. Code Chapter 101), which often require filing a notice of claim within six months. The standard two-year limitation may also apply, but missing the notice requirement can bar your claim entirely. Consult an attorney immediately if your fall occurred on public property.