Guide
Deadlines for store injury claims
Two different clocks, and people worry about the wrong one. The statute of limitations is usually years out. The evidence clock — video retention, an incident report that hasn't been written, a defect that's about to be repaired — runs in weeks.
Published July 27, 2026 · Last reviewed July 30, 2026
The statute of limitations
Personal injury deadlines run one to three years depending on your state, with two years the most common. It's measured from the date of injury in most cases.
Some states shorten it for particular defendants, and a claim against a government entity — a municipal building, a transit station, a public university bookstore, a store on public property — usually requires a formal notice of claim within a much shorter administrative window, sometimes 60 to 180 days, before any suit can be filed at all.
The deadlines that actually decide cases
None of these are legal deadlines. All of them end claims.
- Surveillance video retention — commonly two to four weeks
- Sweep and inspection logs, which are often discarded on a short retention schedule
- The hazard itself getting repaired, which frequently happens within days of a reported incident
- Employees leaving. Retail turnover is high and a witness who quit three months ago is difficult to locate
- Your own memory of the exact aisle, time, and sequence
Exceptions worth knowing
Deadlines for minors are typically tolled, often until sometime after they turn 18. The discovery rule may delay the start where an injury genuinely wasn't apparent. Incapacity tolls the clock in most states. And a defendant who concealed relevant facts may be barred from relying on the deadline at all.
None of these are things to plan around. They're reasons to have a late case looked at rather than assuming it's dead.
Questions
It's been six months. Am I too late?
Almost certainly not for the filing deadline. You may have lost video and logs, which weakens the case, but incident reports, witnesses, maintenance records, and prior-incident history all still exist. Worth a review.
The insurer keeps saying they're still reviewing it. Does that extend anything?
No. Negotiating with an insurer does not toll a statute of limitations, and no adjuster is required to remind you it's approaching. Slow-walking a claimant past the deadline is a known pattern.
I fell in a store inside an airport / on a military base / in a government building. Is that different?
Potentially very different. Claims involving government entities and federal property run on separate statutory schemes with their own short notice requirements and procedures. Get that looked at quickly rather than assuming the ordinary deadline applies.
Situations this applies to
I slipped on a wet floor
The whole case is how long the spill sat there. Sweep logs and video answer it.
Read this
I was hurt in the parking lot
The first question isn't what happened. It's who was contractually responsible for the lot.
Read this
I fell in a grocery store
Supermarkets create hazards by design. Several states let you use that.
Read this
Merchandise fell on me
Usually a stronger claim than a slip — the store stacked it, so they created the hazard.
Read thisRelated guides
What 'notice' actually means
Three ways to prove a store was responsible. Which one you have decides everything.
Read thisGetting the video before it's gone
Footage loops in weeks. A written preservation demand is the only thing that reliably stops it.
Read thisWhat these claims are worth
Honest version: this is a lower-value category. Here's what moves the number anyway.
Read thisEvidence and research resources
See all resourcesEvidence checklist
The records, objects, photographs, and timelines worth preserving now.
Read thisPlain-language glossary
Medical, insurance, safety, and legal terms explained without the jargon.
Read thisOfficial sources
The government, court, safety, and medical sources used to check this site.
Read thisGet a straight answer about your case
Reading only gets you so far. A free review puts your actual facts in front of an attorney who handles these claims.
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