You slipped and fell on someone else’s property. You are injured. You are thinking about pursuing a claim. But you are also wondering: How long do I have to sue?
The answer is critical. Miss the deadline, and your case is gone forever—regardless of how strong it is, how severe your injuries are, or how much compensation you deserve.
In Colorado, you have 2 years from the date of your injury to file a slip and fall lawsuit. This is a strict deadline. There are limited exceptions that can extend the deadline, but you should assume you have 2 years.
This guide walks you through Colorado’s slip and fall statute of limitations, how to calculate your deadline, what extensions exist, and why you should act immediately.
What Is a Statute of Limitations?
A statute of limitations is a legal deadline. It is the maximum amount of time you have to file a lawsuit after an incident occurs.
Why do statutes of limitations exist?
1. Fairness to defendants: Property owners should not face the threat of lawsuits years or decades after an incident
2. Evidence preservation: Memories fade, witnesses disappear, and evidence deteriorates over time
3. Finality: At some point, people deserve closure and to move on
Once the statute expires, courts will dismiss your case—period. No exceptions for how good your claim is.
This is why acting quickly is critical. Even if you have a strong case worth $500,000, if you miss the deadline by one day, you have zero recovery.
For a free legal consultation, call (303) 465-8733
Colorado’s Slip & Fall Statute of Limitations: 2 Years
Colorado has a strict statute of limitations for personal injury cases, including slip and fall accidents.
Colorado Code § 13-80-102 states:
“The following civil actions shall be commenced within two years after the cause of action accrues for personal injury…”
This applies to slip and fall cases. You have 2 years from the date of your injury to file a lawsuit in Colorado courts.
When Does the Clock Start?
The statute of limitations clock starts on the date of your injury—the day you slipped and fell.
Example:
- You slip and fall on January 15, 2024
- Your deadline to file a lawsuit is January 15, 2026
- If you file on January 16, 2026, your case is barred (too late)
The “Date of Injury” Rule
The clock starts immediately when you are injured, not when you discover the injury.
Example:
- You slip and fall on March 1, 2024, but do not realize you have a serious back injury
- You do not see a doctor until May 2024 (2 months later)
- Your statute of limitations still started March 1, 2024
- You still have until March 1, 2026 to file
- The delay in discovering the injury does not extend your deadline
This is why you should see a doctor immediately after a fall—even if you think you are “mostly okay.” Some injuries do not show symptoms for weeks or months.
When Does the Clock Stop?
Your statute of limitations deadline is 2 years from the date of injury—period. It does not extend if:
- You are negotiating with insurance (settlement talks do NOT extend the deadline)
- You are waiting for a settlement offer
- The defendant’s insurance company asks you to wait
- You are undergoing medical treatment
Critical: If you are close to the 2-year mark (within 60 days) and the insurance company is negotiating, you must file a lawsuit to protect your rights. Do NOT assume a settlement agreement extends your deadline.
How to Calculate Your Deadline: Practical Examples
Example 1: Straightforward Case
- Injury date: June 10, 2024
- Statute of limitations: 2 years
- Deadline to file: June 10, 2026
- Last day to file: June 10, 2026
- Too late to file: June 11, 2026
Example 2: Injury with Delayed Discovery
- Injury date: January 20, 2024 (minor slip, you feel fine)
- Discovery of serious injury: March 2024 (doctor diagnoses chronic pain condition)
- Statute of limitations: Still starts January 20, 2024
- Deadline to file: January 20, 2026
- Why delayed discovery doesn’t matter: Colorado law counts the injury date, not the discovery date
Example 3: Injury to a Minor
- Child slips and falls: August 5, 2024 (age 10)
- Statute of limitations: Does NOT start until child turns 18
- Deadline to file: August 5, 2040 (2 years after turning 18, or age 20)
- Why the extension: Colorado law protects minors by delaying the statute
Exceptions: When the Statute of Limitations Can Be Extended
While 2 years is the general rule, Colorado recognizes limited exceptions that can extend your deadline in specific situations.
Exception 1: Discovery Rule (Colorado Rule)
In rare cases, Colorado courts apply the “discovery rule.” This means the statute does NOT start until you discover (or should have discovered) your injury.
When it applies:
- The injury is not immediately apparent
- A reasonable person would not have discovered it within the normal timeframe
- Example: Latent injury that does not manifest for months
Reality check: The discovery rule is rarely applied in slip and fall cases because the injury is usually immediately apparent (you fell and hurt yourself). Courts are skeptical of arguments that you did not know you were injured.
Better practice: Assume the 2-year rule applies strictly and do not rely on discovery rule exceptions.
Exception 2: Tolling for Minors
If you were a minor (under 18) at the time of injury, the statute of limitations does NOT start until you turn 18.
Example:
- You slip and fall at age 15 on July 1, 2024
- Statute does NOT start July 1, 2024
- Statute starts on your 18th birthday
- You have 2 years after turning 18 to file
- Deadline: Age 20
Important: A parent or guardian should consult an attorney immediately even if the statute has not started. Early action preserves evidence.
Exception 3: Mental Incapacity
If you were mentally incapacitated at the time of injury (legally incompetent to manage affairs), the statute may be tolled (paused).
Example:
- You slip and fall while in a coma
- You recover 2 years later
- The statute may have been paused while you were incapacitated
- Consult an attorney—this is complex
Exception 4: Defendant Absent from Colorado
If the property owner or defendant leaves Colorado, the statute of limitations may be paused while they are gone.
Example:
- You slip and fall on January 1, 2024
- Property owner moves out of state in March 2024
- Time while defendant is out of state may not count against your deadline
- Deadline could potentially extend beyond 2 years
Reality: This exception is hard to prove and rarely applies. Do not rely on it.
What Happens If You Miss the Deadline?
If you do not file a lawsuit before the statute of limitations expires, your case is dismissed with prejudice. This means:
- ✗ You can never refile the case
- ✗ You cannot recover any damages
- ✗ You lose your legal claim entirely
- ✗ The defendant is protected from liability
The consequence is absolute. There is no “second chance” in court.
Example: Missed Deadline Disaster
- You slip and fall on May 15, 2024
- Deadline to file is May 15, 2026
- You assume your settlement is coming and do not file a lawsuit
- Settlement falls apart in June 2026
- You try to file a lawsuit in July 2026
- Court dismisses your case (too late)
- You have $0 recovery
This happens to real people. Do not let it happen to you.
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Common Mistakes That Cost People Their Cases
Mistake 1: Waiting for Settlement Negotiations
The trap: You assume settlement talks will lead to payment, so you do not need to file a lawsuit.
The reality: Insurance companies know the statute of limitations. Some intentionally drag out negotiations to run out your time.
The fix: If you are close to the deadline (within 60 days), file a lawsuit. Settlement can continue even after filing.
Mistake 2: Not Documenting the Incident Immediately
The trap: You wait weeks or months to gather evidence, file reports, or contact witnesses.
The reality: By then, evidence is lost, witnesses are gone, and memories fade. The statute runs regardless.
The fix: Act immediately. Get medical care. Take photos. Get witness contact info. Report the incident on the same day.
Mistake 3: Assuming Medical Treatment Extends the Deadline
The trap: You think ongoing medical treatment buys you more time.
The reality: The statute is 2 years from injury, period. Medical treatment does NOT extend it.
The fix: Calendar your deadline and set a reminder 90 days before. Consult an attorney well before your deadline.
Mistake 4: Hiring an Attorney Too Late
The trap: You wait until week 156 out of 156 weeks to hire a lawyer.
The reality: There is no time to investigate, gather evidence, or properly file.
The fix: Hire an attorney immediately after your fall. We can guide you through the entire process and ensure nothing is missed.
Mistake 5: Not Hiring an Attorney at All
The trap: You try to handle the case yourself (“pro se”).
The reality: Pro se plaintiffs often miss deadlines, file incorrectly, or make strategic errors that destroy their cases.
The fix: Hire an experienced personal injury attorney. Most work on contingency (free upfront).
Steps to Protect Your Rights (Do This NOW)
Step 1: Seek Medical Care Immediately
Get evaluated by a doctor the same day as your fall, even if you feel “mostly okay.”
- Medical records prove injury
- Early documentation is powerful evidence
- Some injuries worsen over time
Step 2: Document the Incident
While it is fresh, document everything:
- Photos of the hazard
- Photos of your injuries
- Photos of the scene
- Weather conditions
- Lighting conditions
- Time of day
Step 3: Get Witness Information
If anyone saw your fall, get their:
- Full name
- Phone number
- Address
- What they saw
Step 4: Report the Incident
File an incident report with the property owner/manager on the same day (or next day).
Step 5: Consult an Attorney
Do not wait. Contact a personal injury attorney within days of your fall.
An attorney can:
- Confirm your deadline
- Immediately preserve evidence
- Prevent you from making settlement mistakes
- Ensure all deadlines are met
Step 6: Calendar Your Deadline
Once you know your deadline (2 years from injury), put it on your calendar immediately.
Set reminders:
- 6 months before deadline
- 90 days before deadline
- 30 days before deadline
- 1 week before deadline
Step 7: Do Not Miss Any Court Deadlines
If a lawsuit is filed, courts will set additional deadlines:
- Response deadlines
- Discovery deadlines
- Motion deadlines
- Trial dates
Missing these deadlines can result in dismissal or default judgment against you.
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When to Hire an Attorney: Do NOT Delay
You should consult with a personal injury attorney immediately after your fall—ideally within days, not weeks.
Why immediate action matters:
- Evidence preservation (while memory is fresh)
- Witness identification (before they disappear)
- Investigation (hazard conditions change)
- Settlement strength (early evidence gathering shows insurance your claim is solid)
- Statute protection (we ensure no deadline is missed)
Do not wait for:
- Your injuries to “fully heal” (we can pursue damages even while you are still recovering)
- Settlement offers (we handle negotiations)
- Your medical treatment to finish (we calculate future medical costs)
Most personal injury attorneys work on contingency: You pay nothing upfront, and we only collect a fee if you win.
FAQ: Colorado Slip & Fall Statute of Limitations
Q: Is the statute of limitations 2 years in Colorado for all personal injury cases?
A: Yes. Colorado Code § 13-80-102 sets a 2-year statute for personal injury actions, including slip and fall cases.
Q: What if I was partially at fault for my slip and fall? Does that extend my deadline?
A: No. Comparative negligence does not change your statute of limitations. You still have 2 years from injury to file, even if you are 30% at fault.
Q: If I settle with insurance, do I still have a 2-year deadline?
A: The statute of limitations deadline is separate from settlement negotiations. If you settle before the deadline, great. But the deadline is still 2 years from injury, regardless of settlement status.
Q: Can I extend the statute of limitations by continuing to negotiate with insurance?
A: No. Negotiations do NOT extend your deadline. If the deadline is approaching (within 60 days), you may need to file a lawsuit to protect your rights. Settlement can continue after filing.
Q: What if the property owner is a business? Does that change the statute?
A: No. The statute is 2 years regardless of whether the property owner is an individual or a corporation.
Q: What if I am still in medical treatment? Does that extend my deadline?
A: No. The statute runs from the date of injury, regardless of when your medical treatment ends. Do not assume treatment extends your deadline. You have 2 years from injury date—period.
Q: Can I file a slip and fall claim in federal court to get more time?
A: Federal courts apply Colorado’s statute of limitations. You do not get more time in federal court.
Q: What if I did not know I was injured until after 2 years?
A: Colorado courts rarely extend the statute based on delayed discovery in slip and fall cases. The injury is usually immediately apparent. Do not rely on this exception. The clock starts when you are injured, not when you discover it.
Do Not Let the Clock Run Out
Your slip and fall case is time-sensitive. You have 2 years from the date of injury to file a lawsuit in Colorado.
Do not wait. Act immediately to:
1. Preserve evidence
2. Gather witness testimony
3. Protect your legal rights
4. Secure maximum compensation
If you have slipped and fallen and you are unsure about your rights, contact Jordan Law today for a free consultation. We will confirm your deadline, assess your case, and ensure nothing is missed.
Do not let your claim expire. Call now.
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Disclaimer: This guide is educational and does not constitute legal advice. Statutes of limitations are complex and may have exceptions. Consult with a Colorado personal injury attorney to understand your specific situation and deadline.