Texas Statute of Limitations and Filing Deadlines for Slip and Fall Claims

 

Time is not on your side when it comes to filing a slip and fall lawsuit in Texas. The state’s statute of limitations creates strict deadlines that, if missed, can permanently bar your right to seek compensation for your injuries, regardless of how strong your case might be. Understanding these deadlines and the recent changes to Texas premises liability laws is crucial for protecting your legal rights and ensuring you don’t lose the opportunity to hold negligent property owners accountable.

Many slip and fall victims make the critical error of assuming they have plenty of time to pursue their claims, only to discover that crucial deadlines have passed while they focused on their recovery. Property owners and insurance companies are acutely aware of these time limitations. They may deliberately delay settlement negotiations, hoping that victims will miss their filing deadlines and lose their right to compensation entirely.

The Basic Texas Statute of Limitations

Under Texas Civil Practice and Remedies Code Section 16.003, most personal injury claims, including slip and fall accidents, are subject to a two-year statute of limitations. This means you generally have two years from the date of your accident to file a lawsuit in Texas state court.

However, recent legislative changes in 2025 have created new complications and shorter deadlines in certain circumstances, making it more critical than ever to understand the specific rules that apply to your situation.

Recent 2025 Legislative Changes

The Texas Legislature enacted significant changes to premises liability laws that took effect in 2025, creating new challenges for slip and fall victims:

Reduced Filing Window: For certain types of premises liability cases, particularly those involving small businesses, the statute of limitations has been reduced from two years to one year in most cases.

Enhanced Evidentiary Standards: Courts now require more robust evidence to prove liability against property owners, making early investigation and evidence preservation even more critical.

Damage Caps for Small Businesses: New legislation limits punitive damages in slip and fall cases specifically involving small business owners, affecting potential compensation in certain cases.

These changes underscore the importance of timely legal consultation following a slip and fall accident.

When the Statute of Limitations Clock Starts

Understanding exactly when the two-year (or one-year) deadline begins is crucial for protecting your rights.

The Discovery Rule

In most slip and fall cases, the statute of limitations begins running on the date of the accident. However, Texas recognizes the “discovery rule” in certain circumstances where injuries or their causes are not immediately apparent.

Delayed Injury Recognition: If your injuries didn’t manifest symptoms until days or weeks after your fall, the statute of limitations might begin when you discovered or reasonably should have discovered your injuries.

Hidden Injuries: Traumatic brain injuries, internal injuries, or other conditions that aren’t immediately obvious may qualify for the discovery rule protection.

Causation Issues: If the connection between your fall and your injuries isn’t immediately clear, the discovery rule might apply.

Continuing Treatment Doctrine

Some courts apply the continuing treatment doctrine, which may toll (pause) the statute of limitations while you’re receiving ongoing medical treatment from the same healthcare provider for injuries related to your slip and fall accident.

Special Deadline Considerations

Government Liability Claims

When your slip-and-fall accident occurs on government property in San Antonio, significantly shorter deadlines apply:

Notice Requirements: You typically must provide written notice to the governmental entity within 90 days of your accident, describing the incident and your injuries.

Filing Deadlines: Lawsuits against government entities must generally be filed within six months to two years, depending on the specific type of government entity involved.

Municipal Claims: Claims against the City of San Antonio may have different notice and filing requirements than claims against Bexar County or the State of Texas.

Minor Victims

Special rules apply when slip and fall victims are under 18 years old:

Tolling During Minority: The statute of limitations typically doesn’t begin running until the victim reaches age 18.

Extended Filing Period: Minors generally have until their 20th birthday (two years after reaching the age of majority) to file personal injury lawsuits.

Guardian Ad Litem: Parents or legal guardians can file lawsuits on behalf of minor children before they reach the age of majority.

Incapacitated Victims

When slip and fall accidents result in mental incapacitation that prevents victims from understanding their legal rights:

Tolling During Incapacity: The statute of limitations may be paused while the victim lacks the mental capacity to pursue their claim.

Guardian Appointment: Family members may need to seek a court appointment as guardians to file lawsuits on behalf of incapacitated victims.

Medical Evidence: Proving incapacity typically requires extensive medical documentation and the testimony of experts.

Exceptions and Extensions

Fraudulent Concealment

If property owners or their representatives actively conceal facts about the accident or their negligence, the statute of limitations may be extended:

Active Concealment: Deliberately hiding evidence or misleading victims about the cause of their accident.

Duty to Disclose: In some circumstances, property owners have affirmative duties to disclose known hazards or accident causes.

Discovery of Concealment: The extended deadline typically begins when the concealment is discovered or reasonably should have been discovered.

Defendant’s Absence from Texas

If the responsible party leaves Texas after the accident, the time they’re absent may not count toward the statute of limitations period.

Bankruptcy Proceedings

If the property owner files for bankruptcy, automatic stay provisions may pause the statute of limitations while bankruptcy proceedings are pending.

The Danger of Waiting

Evidence Deterioration

The longer you wait to pursue your claim, the more likely it is that crucial evidence will be lost or destroyed:

Surveillance Footage: Most businesses retain security camera footage for only 30-90 days before recording over it.

Witness Memory: Witness recollections fade over time, and witnesses may become challenging to locate.

Scene Changes: Property owners often repair hazardous conditions quickly after accidents, eliminating physical evidence.

Documentation Loss: Incident reports, maintenance records, and other crucial documents may be discarded over time.

Insurance Company Tactics

Insurance companies often use delay tactics, hoping victims will miss filing deadlines:

Settlement Negotiations: Prolonged negotiations that extend beyond the statute of limitations deadline.

Information Requests: Endless requests for additional documentation that consume valuable time.

Claim Investigations: Extended investigation periods that approach or exceed filing deadlines.

Medical Evidence Challenges

The longer you wait, the more difficult it becomes to connect your injuries to your slip and fall accident:

Intervening Causes: New injuries or medical conditions may complicate causation analysis.

Treatment Gaps: Breaks in medical treatment can be used to argue that injuries weren’t serious or weren’t caused by the accident.

Medical Record Access: Healthcare providers may limit access to older medical records.

Common Mistakes That Cost Victims Their Rights

Relying on Insurance Company Promises

Never assume that ongoing settlement negotiations extend your filing deadline. Insurance companies have no obligation to inform you about statute of limitations deadlines, and they may deliberately delay negotiations to run out the clock.

Waiting for Medical Treatment to Conclude

While it’s often beneficial to understand the full extent of your injuries before settling, you don’t need to wait for complete medical recovery to file a lawsuit. Filing a lawsuit preserves your rights while allowing continued medical treatment and investigation.

Assuming Workers’ Compensation Covers Everything

If your slip-and-fall accident occurred at work, you may have both workers’ compensation and third-party liability claims. Different deadlines may apply to each type of claim.

Misunderstanding the Discovery Rule Application

The discovery rule has specific requirements and doesn’t automatically extend deadlines simply because you didn’t immediately realize the full extent of your injuries.

Protecting Your Rights

Immediate Legal Consultation

The most effective way to protect your rights is to consult with an experienced San Antonio slip and fall attorney as soon as possible after your accident. Early legal involvement ensures:

Deadline Compliance: Attorneys can calculate exact filing deadlines and ensure all requirements are met.

Evidence Preservation: Conducting an immediate investigation and collecting evidence while crucial information is still available.

Proper Notice: Ensuring all required notices are provided to government entities or other parties.

Strategic Planning: Developing a case strategy while all options remain available.

Documentation and Investigation

Even before hiring an attorney, take steps to preserve your claim:

Medical Documentation: Maintain thorough medical records connecting your injuries to the accident.

Incident Reports: Obtain copies of any accident reports filed with the property owners.

Photography: Preserve photographic evidence of the accident scene and your injuries.

Witness Information: Collect and maintain contact information for all witnesses.

Working with Experienced Legal Representation

Statute of limitations issues in slip and fall cases can be complex, particularly with recent legislative changes and various exceptions that may apply. Experienced premises liability attorneys understand:

Deadline Calculations: Accurate assessment of applicable filing deadlines based on specific case circumstances.

Exception Analysis: Evaluation of whether discovery rule, tolling provisions, or other exceptions might extend deadlines.

Strategic Timing: Balancing the need to preserve rights with optimal case development timing.

Multi-Defendant Considerations: Managing different deadlines that may apply to various potentially liable parties.

The statute of limitations in Texas slip and fall cases is not merely a technical legal requirement – it’s a fundamental deadline that can determine whether you have any legal recourse for your injuries. With recent 2025 legislative changes creating new complexities and shorter deadlines in some circumstances, understanding and protecting your filing rights has become more critical than ever.

Don’t let insurance company delay tactics, medical recovery concerns, or misunderstanding of legal deadlines cost you the right to seek compensation for your injuries. The property owners and insurance companies involved in your case have experienced legal teams working to protect their interests from day one – you need experienced advocates protecting your rights just as vigilantly.

If you’ve been injured in a slip and fall accident in San Antonio, contact an experienced premises liability attorney immediately to ensure your rights are protected and all applicable deadlines are met. The cost of waiting too long is the permanent loss of your right to seek justice and compensation for your injuries.

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