Slip and fall accidents can result in serious, life-altering injuries—but if you wait too long to take legal action, you may permanently lose your right to compensation. That’s because every personal injury case is subject to a legal time limit known as the statute of limitations.
In this article, we’ll explain exactly how the statute of limitations works for slip and fall claims in South Carolina, what exceptions may apply, and how you can protect your rights.
What Is the Statute of Limitations in a Personal Injury Case?
The statute of limitations is the legal deadline by which a lawsuit must be filed. If you miss this deadline—even by one day—your case can be dismissed, and you may permanently lose the right to compensation for your medical bills, lost wages, and pain and suffering.
In a personal injury context, this means that you have a limited window of time after your accident to initiate legal action.
Slip and Fall Statute of Limitations in South Carolina
South Carolina law follows the general personal injury statute of limitations—but with important variations depending on who the defendant is.
Private Property or Businesses:
- You have 3 years from the date of the accident to file a lawsuit.
- This applies to retail stores, private homes, parking lots, and other non-government properties.
Government-Owned Property (e.g., sidewalks, public parks, city buildings):
- You only have 2 years to file, under the South Carolina Tort Claims Act.
- You may also need to file a Notice of Claim with the government agency before filing the lawsuit.
- Failure to meet this deadline means your case will be barred, regardless of the injury’s severity.
Pro Tip: The two-year rule applies to county hospitals, municipal facilities, and other government-run institutions.
Exceptions: When the Clock Pauses or Extends
Certain legal exceptions can extend the filing deadline:
➤ Minors:
If the injured person was under 18 at the time of the accident, the statute of limitations typically doesn’t begin until they turn 18. From that point, they usually have one to three years, depending on the defendant.
➤ Mental Incapacity:
If the injured party was mentally incompetent, the clock may be paused until they regain mental capacity.
➤ Filing & Service Timing:
In South Carolina, once a lawsuit is filed, you have 120 days to properly serve the defendant. As long as this is done within the timeframe, the claim is considered timely.
Why Acting Fast Is Always Better
Even if you technically have time, waiting to act is risky. Here’s why:
- Witness memories fade quickly
- Surveillance footage can be deleted
- Hazardous conditions (like wet floors or cracked pavement) may be repaired or altered
- Documentation like incident reports can get lost or go missing
The sooner you speak to a slip and fall attorney, the stronger your case is likely to be.
How a Personal Injury Lawyer Can Help
Slip and fall claims can be deceptively complex—especially when dealing with government entities, commercial insurance policies, or disputed liability. An experienced attorney will:
- Confirm your deadline to file
- Ensure proper filing and service to preserve your case
- Help you gather evidence and witness statements
- Negotiate with insurance companies
- Handle court filings and representation if the case proceeds to trial
Don’t risk your case over a technicality. A knowledgeable personal injury lawyer can keep you on track and help you secure the compensation you deserve.
FAQ: Slip and Fall Statute of Limitations in South Carolina
Q: How long do I have to file a slip and fall claim in South Carolina?
You typically have 3 years from the date of the accident to file a claim against a private property owner. If the injury occurred on government property, you only have 2 years, and you may need to file a Notice of Claim first under the South Carolina Tort Claims Act.
Q: What happens if I miss the filing deadline?
If you miss the statute of limitations, your claim may be barred permanently, meaning you cannot recover compensation—regardless of how serious your injuries are or how clear the liability may seem.
Q: When does the statute of limitations begin?
In most cases, the clock starts on the date of the accident. However, if the injury wasn’t immediately apparent (such as a delayed medical diagnosis), there could be limited exceptions where the clock starts when the injury is discovered.
Q: Are there exceptions for minors or mentally incapacitated individuals?
Yes. For minors, the statute of limitations is generally paused (or “tolled”) until they turn 18. For those who are mentally incapacitated, the clock may not start until they regain legal capacity.
Q: Can I still file if I started the claim but haven’t served the other party yet?
Yes, as long as your lawsuit is filed before the deadline and the defendant is properly served within 120 days (as per South Carolina court rules), your claim will be considered timely.
Q: Should I wait until the end of the statute of limitations to file?
No. Waiting is risky. Evidence may disappear, and witness memories fade. It’s always best to contact an attorney as soon as possible to preserve your legal rights and strengthen your claim.
Q: Can an attorney help me file on time?
Absolutely. A qualified personal injury attorney will ensure all filings are done correctly and on time, manage all legal paperwork, and help you build a strong case for compensation.
In Conclusion: Time Is Not on Your Side
The statute of limitations can make or break your slip and fall case. In South Carolina, you generally have:
- Three years to file against private parties
- Two years to file against government entities
But every day that passes makes your case harder to prove. If you or a loved one has suffered a fall due to someone else’s negligence, don’t delay—take action now before your legal window closes.
The Bill Connor Law: Protecting Injured South Carolinians Before It’s Too Late
If you’ve suffered a slip and fall injury in Orangeburg, Columbia, Charleston, or anywhere across South Carolina, The Bill Connor Law Firm is here to help.
- Retired U.S. Army Infantry Colonel
- AV® Preeminent™ rating by Martindale-Hubbell®
- Millions recovered in verdicts and settlements
- Christian values, veteran-owned, and committed to justice
With Attorney Bill Connor, you’re not just another case—you’re a priority. We’ll make sure your claim is filed on time, backed with the strongest evidence, and positioned for maximum compensation.
Call today to schedule your free personal injury consultation.
