Missouri Statute of Limitations for Slip and Fall Accidents: Facts You Should Know

Generally speaking, the statute of limitations for slip and fall injury cases that occur in Missouri, as established by RSMo § 516.120, sets a deadline of five years starting from the date of the injury. This deadline can apply in your case if you been injured in a slip-and-fall or trip-and-fall accident due to someone else’s negligence or carelessness on their property. Victims and their families should remember that if they happen to file their claim for compensation past this five-year window, the court can dismiss the lawsuit. This Missouri statute limits the time frame when you can seek compensation irrespective of the strength of evidence and/or the extent of negligence of the defendant (property owner/manager).

Key Points to Remember About this Statute of Limitations

• Standard deadline: Five years from the date of injury
• Claims Involving Government Entities: A 90-day notice of claim is required.
• Wrongful death: Claims are limited to 3 years from the date of fatality.
• Consequence: Missing any of the deadlines here can affect your right to seek compensation.

Understanding the 5-Year Deadline as set by the Statute

Most slip-and-fall and/or trip-and-fall lawsuits must be filed by the deadline set by Missouri’s statute of limitations, which is five years from the date of the injury suffered by the victim. Incidents occurring due to unsafe property conditions in the state that fall under this deadline include slip-and-falls and/or trip-and-falls in sidewalks, supermarkets, apartment complexes or office buildings. Please remember that Missouri’s courts tend to strictly enforce this deadline. So, filing your injury claim even a day late can result in its dismissal.

As mentioned above, the five-year clock will start ticking on the date that your injury occurred. For instance, if you were injured after slipping and falling on a wet floor in your local supermarket say, on June 15, 2025, the statute of limitations for filing your injury lawsuit will end on June 14, 2030. So, even if you are still being treated for your injuries, or if your injuries become worse over time, the deadline is tied to the date of the incident — and not when you become aware of the full extent of your injuries.

Understanding the Legal Basis of the Statute

The legal basis of the Missouri slip and fall statute of limitations stems from RSMo § 516.120, which is a law that applies to a variety of personal injury claims and not just slip-and-fall or trip-and-fall cases. Missouri courts apply this law to premises liability cases (such as slip-and-fall cases) allowing injured victims five years to file their claims.

As the Missouri Revised Statutes § 516.120 states in part: “What actions shall be commenced within five years… An action for taking, detaining or injuring any goods or chattels, including actions for the recovery of specific personal property, or for any other injury to the person or rights of another, not arising on contract and not herein otherwise enumerated.” Missouri courts have routinely considered that injuries such as broken bones or soft tissue damage fall within the category of “injury to the person,” and rely on this statute to be the legal basis for evaluating whether a slip-and-fall lawsuit was filed on time.

Important Exceptions to the Statute’s Five-Year Deadline (Tolling)

While the Missouri statute of limitations for slip-and-fall injury accidents is five years, the law does recognize specific situations where an extension to the deadline may be granted. In these cases, the statute of limitations may be “tolled,” which means the legal clock is paused temporarily until certain conditions are resolved. Some of those exceptions include:

Accidents that involve minors: If the injured victim was a minor (under the age of 18) at the time of the incident, the five-year deadline does not start until the person reaches the age of 18. Such an exception ensures that a child can pursue his or her claim and that their rights are not affected.

Legal incapacity of a victim: When an injured person is deemed mentally incapacitated at the time of the accident, the statute of limitations is tolled, and the 5-year period does not begin until the individual is considered to have regained his or her legal capacity. This exception is designed to protect victims who are unable to manage their own legal affairs and file a claim for compensation.

Out-of-state defendant: If the responsible party has left the state of Missouri after the incident and before the plaintiff (injured victim) has filed a lawsuit then, the time they are absent from the state may not be counted for the five-year deadline. This exception prevents defendants from avoiding liability just by leaving the state.

 

Deadlines Can Differ for Specific Slip-and-Fall Claims

Most Missouri slip-and-fall cases fall under the five-year deadline of the statute of limitations. However, some types of claims have shorter deadlines. Such exceptions apply when a slip and fall results in death or when the at-fault party is a government agency. The deadline to file a wrongful death lawsuit in Missouri is three years. Claims involving government entities such as cities, counties or the state require a notice of claim to be filed within 90 days of the incident. Missing these deadlines can potentially prevent your claim from being filed in future, regardless of its merits.

Missouri Slip and Fall Deadlines

Type of Claim	Deadline	Statutory/Notice Requirement
General Slip & Fall (Private Property)	5 years	RSMo § 516.120
Wrongful Death (Due to a fall)	3 years	RSMo § 537.080
Claims against Government (City, County, State)	90 days (Notice)	Varies by government entity, statutory notice requirement is mandatory.

 

The Importance of Acting Quickly on Your Missouri Slip and Fall Claim

As Missouri personal injury attorneys, we have found that it is in the best interests of victims to file their slip-and-fall or trip-and-fall lawsuit without any delay even when the statute sets a five-year deadline. Waiting in such cases can seriously harm or weaken your claim as key pieces of evidence such as surveillance footage, may disappear or become difficult to obtain.

Also, eyewitnesses’ memories and their ability to accurately recount facts can fade or become unreliable over time. So, acting in a timely manner helps preserve crucial evidence, which in turn can help substantiate your claim and effectively show how the property owner’s or property manager’s negligence caused your injuries and losses.

If you were injured in a slip-and-fall accident, taking timely action and contacting an experienced Missouri slip and fall lawyer is the most effective way to prevent costly mistakes and protect your legal rights.

Frequently Asked Questions (FAQs)

How long after an accident can you file a claim in Missouri?

In Missouri, a vast majority of slip-and-fall lawsuits must be filed within five years from the date of the accident. This deadline applies to slip-and-fall incidents that occur on private property such as supermarkets or office buildings, etc. If the lawsuit is not filed within this time frame, your case may be dismissed, which means you may never be able to recover compensation for your injuries and losses. Some exceptions to this five-year rule are claims involving minors, wrongful death or government agencies, which involve shorter or different deadlines.

What type of injury is the hardest to prove in a slip-and-fall case?

Soft tissue injuries like sprains, strains and some back or neck injuries etc. are often the most difficult to prove in slip-and-fall cases. These injuries may not appear on X-rays or other imaging tests, making them easier for insurance companies to dispute. Having clear medical documentation and substantial evidence linking your injury to the fall are important when it comes to proving your slip-and-fall case.