Slip-and-Fall in Missouri: When Does the Clock Start?
Quick answer: In Missouri, the statute of limitations for a slip-and-fall case generally begins on the exact date of injury. Under Missouri Revised Statutes Section 516.120, most victims have five years to file a personal injury lawsuit, though exceptions for minors, government property, and wrongful death cases can alter this deadline.
If you have been hurt in a slip-and-fall accident in Missouri, one of the first questions you need answered is: how long do you have to take legal action? The answer matters more than most people realize. Miss the filing deadline, and you could lose your right to pursue compensation, no matter how strong your case is.
The premises liability attorneys at Labovitz Law Firm have put together this guide to help injury victims understand Missouri’s slip-and-fall statute of limitations and the key exceptions that may apply to their situation.
When Does the Statute of Limitations Clock Start in Missouri?
Under Missouri Revised Statutes Section 516.120, injury victims generally have five years from the date of their accident to file a personal injury lawsuit. The countdown starts on the exact day you were hurt, not when you sought medical treatment or when you decided to pursue a claim.
One common misconception is that settlement negotiations pause this five-year window. They do not. Even if you are actively communicating with an insurance company, the clock keeps running. This is why early legal consultation is so important.
4 Exceptions That Can Change Your Filing Deadline
Missouri law recognizes several situations where the standard five-year rule does not apply.
The Discovery Rule
Some injuries do not show up immediately after an accident. In these cases, the Missouri slip-and-fall statute of limitations may begin on the date you discovered the injury, or reasonably should have discovered it, rather than the date of the fall itself.
Injured Minors
If the person hurt in the accident is under the age of 21, the statute of limitations is “tolled,” meaning paused, until they turn 21. At that point, the standard filing window begins.
Falls on Government Property
Claims Involving Government Property
Claims against a city, county, state agency, or other public entity may be subject to sovereign-immunity rules and special notice requirements. In certain claims involving defects in municipal streets, sidewalks, bridges, or similar public ways, written notice may be required within 90 days. Because the requirements depend on the public entity, location, and nature of the claim, these cases should be evaluated promptly.
Wrongful Death Cases
If a slip-and-fall leads to a fatality, the victim’s family has three years from the date of death, not the date of the accident, to file a wrongful death claim under Missouri law.
Why Waiting Puts Your Case at Risk
Beyond the legal deadline itself, delaying action creates practical problems. Physical evidence, such as surveillance footage and incident reports, can disappear quickly. Witnesses may forget important details or become difficult to locate. The sooner you begin building your case, the stronger your position will be.
Missing the Missouri statute of limitations deadline is not a procedural technicality. Courts will typically dismiss a late-filed lawsuit outright, leaving you with no legal recourse regardless of the severity of your injuries.
Frequently Asked Questions
What is the statute of limitations for a slip-and-fall in Missouri?
Missouri Revised Statutes Section 516.120 sets the general deadline at five years from the date of injury for most personal injury claims, including slip-and-fall accidents.
Does filing an insurance claim pause the statute of limitations in Missouri?
No. Filing a claim or negotiating with an insurer does not pause or reset the five-year filing window. You must file your lawsuit in court before the deadline expires.
What if I fell on government property in Missouri?
You may be required to file a formal notice of claim within 90 days of the incident. This is a separate and earlier requirement than the general lawsuit deadline, so prompt action is critical.
Can a child injured in a slip-and-fall still file a claim years later?
Yes. Missouri law tolls the statute of limitations for minors until they turn 21, at which point the standard clock begins.
Contact Labovitz Law Firm After a Slip-and-Fall in Missouri
If you or a loved one has been injured in a slip-and-fall accident in Missouri, do not wait to get legal advice. Labovitz Law Firm offers free consultations to help you understand your rights and protect your ability to file a claim before the deadline passes. Contact us today to review your case.
