How long do you have to file a slip and fall claim in Indiana?

A statute of limitations is the deadline for filing a lawsuit. If it passes, the claim is usually lost. In fall cases, the legal deadline is not the only clock: store video, cleaning logs, and the hazard itself can be gone long before the deadline arrives.

How long do I have to file a slip and fall claim in Indiana?

Most Indiana slip and fall lawsuits must be filed within two years of the fall (IC 34-11-2-4). If the fall happened on property owned by a city, county, school, or other local government, written notice is due within 180 days; for State property, 270 days. Falls on federal property require a written claim within two years.

The general rule: two years

An action for injury to a person generally must be filed within two years after the cause of action accrues (IC 34-11-2-4). For a fall, that is usually the date of the fall. Settlement talks with an insurer do not stop the clock, so a claim that is still being negotiated as the deadline nears may need to be filed to protect it.

Falls on government property: notice within 180 or 270 days

Indiana’s Tort Claims Act applies when a fall happens on property owned or controlled by a government entity, such as a city sidewalk, a public library, a courthouse, a public school, a state office building, or a state park facility.

• 180 days after the loss to give written notice to a political subdivision, such as a city, town, county, or school corporation (IC 34-13-3-8).
• 270 days after the loss to give written notice to the State or a state agency (IC 34-13-3-6).

The notice must be in writing, must include specific information about the claim, and must be delivered in person or by registered or certified mail. A lawsuit generally cannot be filed until the claim is denied, and a claim not approved within 90 days is treated as denied. Government claims also have damage caps and immunities, and Indiana’s Comparative Fault Act does not apply to them (IC 34-51-2-2).

It is not always obvious who owns a property. A business may lease space in a government-owned building, or a sidewalk may belong to the city rather than the store next to it. Ownership should be checked early so a notice deadline is not missed.

Falls on federal property

A fall at a federal facility, such as a post office or federal building, is generally handled under federal law. A tort claim against the United States must be presented in writing to the appropriate federal agency within two years after it accrues (28 U.S.C. 2401(b)). After a final denial, there is a separate six-month deadline to sue.

Children who are hurt in a fall

When the injured person is a minor, Indiana generally allows the claim to be brought within two years after the legal disability is removed (IC 34-11-6-1)—typically two years after the child turns 18. A parent’s own claim, such as for the child’s medical bills, may follow a different timeline, so it is wise not to wait. Settlements of a minor’s claim generally require court approval.

When a fall is fatal

If a fall leads to a death, a wrongful death action generally must be brought by the personal representative of the estate within two years (IC 34-23-1-1). A personal representative may need to be appointed first. See Indiana wrongful death claims.

Defective products and fixtures

If a defective product—such as a collapsing ladder sold by a store or a defective mat—contributed to the fall, an Indiana product liability claim generally must be filed within two years after it accrues and within 10 years after the product was delivered to its first user, with a limited extension (IC 34-20-3-1).

Why you should act long before the deadline

• Video. Many surveillance systems record over footage after a limited time.
• The hazard. Spills are cleaned, mats are replaced, and broken steps are repaired.
• Records. Inspection and sweep logs, incident reports, and staffing records may not be kept forever.
• Other responsible parties. A landlord, property manager, or contractor may share responsibility, and Indiana lets defendants blame parties who were not sued. Finding everyone takes time.
• Witnesses. Employees change jobs and memories fade.

See what to do after falling in a store for steps to protect evidence.

Quick reference

• Fall at a private business: 2 years to file suit (IC 34-11-2-4).
• Fall on local government property: 180 days for written notice (IC 34-13-3-8).
• Fall on State property: 270 days for written notice (IC 34-13-3-6).
• Fall on federal property: 2 years to present a written claim (28 U.S.C. 2401(b)).
• Fatal fall: 2 years for a wrongful death action (IC 34-23-1-1).
• Injured child: generally 2 years after turning 18 (IC 34-11-6-1).

Not sure which deadline applies to your fall? Call 1-800-265-9881 or send the free case review form. We can review the dates and who owns the property at no cost.

General information only—not legal advice. Laws change and every case is different; deadlines can be shorter in some situations. Prior results do not guarantee a similar outcome.