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Statute of Limitations – Premises Liability Lawsuit

Statute of Limitations – Premises Liability Lawsuit Victims of Premises Liability do not have an indefinite amount of time to file civil lawsuits for monetary compensation against at fault parties. Jurisdictions place time limits otherwise known as statute of limitations on a victims right to file a claim. Failure to file a claim within the statutorily allotted time period will eliminated a victims right to recovery via the legal system. The statute of limitations against property owners in a premises liability lawsuit depends on several factors including the location (jurisdiction) where the accident took place, the status of the person injured, the status of the at fault liable defendant, and whether any exceptions to the statute of limitations would apply to their case in the even the statute of limitations for their claim has passed.

Premises Liability Claims Against Private (non-governmental) Property Owners

Every jurisdiction has a different statutes regarding the time limits to filing a claim. Below is a list of all jurisdictions in the United States and their respective statute of limitations regarding personal injury lawsuits against property owners. In the state of California a plaintiff has two years from the date of the injury to file a claim in the court of law.

Premises Liability Claims Against Government Owens Agencies

Traditionally, government agencies have sovereign immunity meaning individuals that have suffered injury did not have a right to seek legal remedy. In recent years government agencies have waived their immunity to liability from injured parties but have placed very limited time restrictions for filing. For example in California an injured party must first file a claim with the government agency which operates the facility within 6 months from the date of the injury. If and when the government agency rejects the claim the plaintiff will have two years from the date of the accident to files the claim in a civil court.

Under Age Status of the Injured Party

In California minors under the age of 18 are given the right to extend the deadline for filing a lawsuit for personal injury. A minor has two years from the date of their 18th birthday to file a claim in the court of law.

Tolling of the Statute of Limitations – Exceptions

In certain instances courts will allow for a halting or tolling of the statute of limitations for individual who seek a legal remedy against liable parties. Some of the most common situations where courts have granted a tolling of a statute of limitations include
  • Mental incapacitation of the victim due to injuries sustained or otherwise
  • Physical incapacitation of the injured party
  • The injury did not manifest itself until after the statute of limitations has run its course
  • Fraud or deception the part of the defendant to deny a plaintiff the ability to file a lawsuit in time

Premises Liability Statute of Limitations for Filing a Premises Liability Lawsuit in All 50 States and Jurisdictions

2 Years in Alabama: Premises Liability Claim Statute of Limitations – Ala. Code § 6-2-2 et seq. 2 Years in Alaska: Premises Liability Lawsuit Statute of Limitations – Alaska Stat. § 09.10.010 et seq. 2 years in Arizona: Statute of Limitations for Injury Claims – Ariz. Rev. Stat. Ann. § 12-541 et seq. 3 years in Arkansas: Civil Statute of Limitations for Premises Liability – Ark. Code Ann. § 16-56-101 et seq. 2 years in California: Statute of Limitations for Premises Liability – Cal. Civ. Proc. Code § 312 et seq. 2 years Colorado: Civil Claims for Premises Liability – Colo. Rev. Stat. § 13-80-102 et seq. 2 years Connecticut: Premises Liability Statute of Limitations – Conn. Gen. Stat. Ann. § 52-575 et seq. 2 years Delaware: Premises Liability Lawsuits – Del. Code Ann. tit. 10, § 8101 et seq. 3 years District of Columbia: Statute of Limitations – D.C. Code § 12-301 et seq. 4 years in Florida: Statute of Limitations Premises Liability – Fla. Stat. Ann. § 95.011 et seq. 2 years in Georgia: Statute of Limitations Premises Liability Lawsuit – Ga. Code Ann. § 9-3-20 et seq. 2 years in Hawaii: Civil Property Owner Liability Statute of Limitations – Haw. Rev. Stat. § 657-1 et seq. 2 years in Idaho: Premises Liability Lawsuit Statute of Limitations – Idaho Code § 5-201 et seq. 2 years in Illinois: Premises Liability Lawsuit Statutes – 735 Ill. Comp. Stat. 5/13-201 et seq. 2 years in Indiana: Civil Statutes on Premises Liability Lawsuit – Ind. Code Ann. § 34-11-2-1 et seq. 2 years in Iowa: Civil Statutes on Premises Liability Lawsuit – Iowa Code Ann. § 614.1 et seq. 2 years in Kansas: Limitations on Filing a Premises Liability Lawsuit Claim – Kan. Stat. Ann. § 60-501 et seq. 1 year in Kentucky: Statute of Limitations – Ky. Rev. Stat. Ann. § 413.080 et seq. 1 year Louisiana: Premises Liability Lawsuit Claim Statute of Limitations – La. civil code § 3492 et seq. 6 years in Maine: Premises Liability Lawsuit Lawsuits – Me. Rev. Stat. Ann. tit. 14, § 751 et seq. 3 years in Maryland: Statute of Limitations for Premises Liability Lawsuit – Md. Courts & Jud. Proc. Code Ann. § 5-101 et seq. 3 years in Massachusetts: Statute of Limitations for Premises Liability Lawsuit – Mass. Ann. Laws ch. 260, § 1 et seq. 3 years in Michigan: Premises Liability Lawsuit Claims – Mich. Comp. Laws § 600.5801 et seq. 2 years in Minnesota: Statute of Limitations -Minn. Stat. Ann. § 541.01 et seq. 3 years in Mississippi: Statute of Limitations – Miss. Code. Ann. § 15-1-1 et seq. 5 years in Missouri: Statute of Limitations Premises Liability Lawsuit – Mo. Rev. Stat. § 516.097 et seq. 3 years in Montana: Civil Premises Liability Lawsuit Statute of Limitations – Mont. Code Ann. § 27-2-2021 et seq. 4 years in Nebraska: Civil Premises Liability Lawsuit Statute of Limitations – Neb. Rev. Stat. § 25-201 et seq. 2 year in Nevada: Civil Premises Liability Lawsuit Statute of Limitations – Nev. Rev. Stat. Ann. § 11.010 et seq. 3 years in New Hampshire: Premises Liability Lawsuit Statute of Limitations – N.H. Rev. Stat. Ann. § 508:1 et seq. 2 years in New Jersey: Statute of Limitations Civil Premises Liability Lawsuit – N.J. Stat. Ann. § 2a:14-1 et seq. 3 years in New Mexico: Statute of Limitations Civil Premises Liability Lawsuit – N.M. Stat. Ann. § 37-1-1 et seq. 3 years in New York: Premises Liability Lawsuit Statutes – N.Y. Civ. Prac. Laws & Rules § 201 et seq. 3 years in North Carolina: Statute of Limitations for Premises Liability Lawsuit – N.C. Gen. Stat. § 1-46 et seq. 6 years in North Dakota: Civil Laws on Statute of Limitations – N.D. Cent. Code § 28-01-01 et seq. 2 years in Ohio: Premises Liability Lawsuit Laws – Ohio Rev. Code Ann. § 2305.03 et seq. 2 years in Oklahoma: Premises Liability Lawsuit Claim Statutes- Okla. Stat. Ann. tit. 12, § 91 et seq. 2 years in Oregon: Premises Liability Lawsuit Claim Statutes – Or. Rev. Stat. § 12.010 et seq. 2 years in Pennsylvania: Civil Statutes regarding time limitations – 42 Pa. Cons. Stat. Ann. § 5501 et seq. 3 years in Rhode Island: Statute of Limitations Civil Premises Liability Lawsuit – R. I. Gen. Laws § 9-1-12 et seq. 3 years in South Carolina: Civil Statute of Limitations -S.C. Code Ann. § 15-3-510 et seq 3 years in South Dakota: Civil Laws Regarding Statute of Limitations – S.D. Codified Laws Ann. § 15-2-1 et seq. 1 years Tennessee: Civil Statute of Limitations for Premises Liability Lawsuit – Tenn. Code Ann. § 28-3-101 et seq. 2 years in Texas: Civil Statute of Limitations for Premises Liability Lawsuit – Tex. Civ. Prac. & Rem. Code § 16.001 et seq 4 years in Utah: Civil Statute of Limitations for Premises Liability Lawsuit – Utah Code Ann. § 78-12-22 et seq. 4 years in Vermont: Premises Liability Lawsuit Law for Statute of Limitations – Vt. Stat. Ann. tit. 12, § 461 et seq. 2 years Virginia: Premises Liability Lawsuit Claim – Va. Code Ann. § 8.01-228 et seq. 3 years in Washington: Statute of Limitations Civil Premises Liability Lawsuit – Wash. Rev. Code Ann. § 4.16.005 et seq. 2 years in West Virginia: Statute of Limitations for Injury to Person – W. Va. Code § 55-2-1 et seq. 3 years in Wisconsin: Statute of Limitations for Property Injury Claims – Wis. Stat. Ann. § 893.01 et seq. 4 years in Wyoming: Statute of Limitations Premises Liability Lawsuit -Wyo. Stat. § 1-3-102 et seq.

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