How Long Do You Have to Filea Premises Liability Claim in Florida?

If you were injured on someone else's property in Florida, there is a strict legal deadline for filing your claim. Miss it, and your case is almost certainly gone forever — no matter how strong the evidence, no matter how serious your injuries. In 2023, Florida significantly shortened this deadline. If you were hurt after March 24, 2023, you now have two years, not four.

Florida's Two-Year Statute of Limitations for Premises Liability

Under Florida Statute § 95.11(3)(a), as amended by the 2023 tort reform legislation (HB 837), the statute of limitations for negligence-based personal injury claims — including premises liability — is two years from the date of the injury. Prior to this change, Florida allowed four years. The reduction was part of a sweeping overhaul of Florida's civil litigation landscape, and it has real consequences for anyone who waits to pursue a claim.

The two-year clock starts on the date of the accident in most cases. It does not pause because you are still receiving treatment, still negotiating with an insurance company, or still deciding whether to hire an attorney. Once the deadline passes, filing a lawsuit will almost certainly result in dismissal, and your right to compensation is extinguished.

Why This Deadline Is Absolute

The statute of limitations is not a suggestion. It is a jurisdictional bar. Florida courts have consistently held that once the limitations period has expired, a defendant can file a motion to dismiss and the case will be thrown out regardless of its merits. Judges do not have general discretion to extend the deadline because you didn't know about it, because you were hoping to settle without a lawsuit, or because you were still treating. There are very narrow exceptions — but they are narrow, and you should not count on them.

The Discovery Rule: When Does the Clock Start?

In most premises liability cases, the clock starts on the date you were injured — because you know you were hurt at that moment. But what happens when the injury wasn't immediately apparent? Florida's "discovery rule" provides that in some circumstances, the limitations period begins not from the date of the incident but from the date you discovered — or reasonably should have discovered — that you had been injured and that the injury was connected to a negligent act. This most commonly arises in toxic exposure cases and some medical injury contexts, but it can apply in certain premises liability situations where a structural defect caused a latent injury that only became symptomatic later.

Government Property: Much Shorter Deadlines Apply

If your injury occurred on property owned or operated by a government entity — a city, county, state agency, or public school — the timeline is drastically different and more unforgiving. Under the Florida Tort Claims Act (Fla. Stat. § 768.28), before you can sue a government entity you must:

• File a written notice of claim with the appropriate agency within 3 years of the accident date.
• Wait for the agency to respond — The agency has 6 months to investigate and respond to your claim before you can file suit.
• Be aware of internal deadlines — Some Florida municipalities have adopted even shorter internal notice requirements through local ordinance, in some cases as brief as 3 months from the date of injury. Missing these internal deadlines can complicate or bar your claim even within the broader statutory window.

Government injury claims are among the most time-sensitive in Florida personal injury law. If you were hurt on a public sidewalk, in a government building, at a public park, or by a city vehicle or employee, consult an attorney immediately.

Why Waiting Is Dangerous Even Within the Deadline

Having two years does not mean you should wait two years. Every day that passes after a premises liability accident, critical evidence is at risk of disappearing:

• Surveillance footage is overwritten within 24-72 hours at most commercial properties.
• The hazard is repaired or altered — Property owners fix dangerous conditions quickly after accidents, often eliminating the physical evidence of what caused your fall.
• Witnesses' memories fade — People remember details vividly in the first days after witnessing an accident; months later, their recollections become less reliable and less credible.
• Insurance investigations begin immediately — The business's insurance carrier starts building its defense the day the incident is reported. An early attorney involvement levels that playing field.

Waiting also creates problems for your damages case. A long gap between your accident and the start of your medical treatment gives the defense ammunition to argue your injuries weren't caused by the fall, weren't serious, or were pre-existing.

Minors: The Statute of Limitations May Be Tolled

Florida law provides an important protection for injured minors. Under the tolling doctrine, the statute of limitations is generally paused ("tolled") for children until they reach the age of 18. This means a child who is injured in a premises liability accident may have until their 20th birthday — two years after turning 18 — to file a claim. However, this rule has exceptions, and some government notice requirements apply regardless of the plaintiff's age. If your child was injured, consult an attorney to understand the specific deadlines that apply.

What to Do Right Now If You Were Recently Injured

If you or a family member was injured on someone else's property in Florida:

• Seek medical attention immediately — Your health is the first priority, and medical records establish the connection between the accident and your injuries.
• Document the scene — Photograph the hazard, the surrounding area, and your injuries before anything is altered.
• File an incident report with the property owner or manager and get a copy.
• Contact an attorney promptly — Not just to protect the deadline, but to send a surveillance preservation letter and begin building your case while the evidence still exists.

The two-year window feels long. It isn't. Cases that are investigated early are significantly stronger than cases that are investigated after the evidence has gone cold.