What Is the Statute of Limitations for Slip and Fall in Oregon?

If you slipped, tripped, or fell on someone else's property in Oregon, you may have a valid personal injury claim. But there is a strict deadline to file. Miss it, and you could lose your right to any compensation — no matter how serious your injuries.

This article explains Oregon's statute of limitations for slip and fall cases, the key exceptions, and the steps you should take right now.

The Basic Deadline: 2 Years in Oregon

Under Oregon Revised Statutes § 12.110, most personal injury claims — including slip and fall accidents — must be filed within two years of the date of the injury.

That means if you fell on January 1, 2024, you generally have until January 1, 2026 to file a lawsuit in Oregon civil court.

Two years may sound like plenty of time. It often is not. Building a strong slip and fall case takes time — gathering evidence, documenting medical treatment, identifying the property owner, and negotiating with insurance companies. Starting the process early gives you the best chance at a fair outcome.

When the Clock Starts Ticking

In most cases, the two-year clock starts on the date of your accident. However, there is an important exception called the discovery rule.

If your injury was not immediately obvious — for example, a back injury that took weeks to fully develop — the clock may start from the date you discovered the injury, or the date you reasonably should have discovered it.

This distinction matters. If you are unsure when your clock started, speaking with an attorney sooner rather than later is the safest move. Start a free intake here to get a quick read on your situation.

Special Rules That Can Extend or Shorten Your Deadline

Oregon law includes several exceptions that can pause (toll) or shorten the standard two-year window:

Exceptions that may extend your deadline:

• Minors: If the injured person was under 18 at the time of the fall, the two-year clock generally does not start until they turn 18.
• Mental incapacity: If the injured party was legally incapacitated at the time of the accident, the statute may be tolled until they regain capacity.
• Defendant leaves the state: If the at-fault party leaves Oregon and is difficult to locate, the clock may pause during their absence.

Rules that may shorten your deadline:

• Claims against a government entity: If you slipped and fell on public property — a city sidewalk, a state-owned building, a public school — you must file a tort claim notice with the relevant government body within 180 days of the accident under the Oregon Tort Claims Act (ORS § 30.275). Missing this notice deadline can end your case entirely, even if you file your lawsuit on time.

Government property cases are significantly more complex. If your fall happened on public land or in a government facility, do not wait — connect with an intake specialist now.

Oregon's Fault Rules: How They Affect Your Case

Oregon follows a modified comparative fault rule under ORS § 31.600. This means:

• If you are partially at fault for the fall, your compensation is reduced by your percentage of fault.
• If you are found to be 51% or more at fault, you cannot recover any compensation.

For example, if your damages total $50,000 but a jury finds you were 20% responsible (maybe you were looking at your phone), you would receive $40,000.

Property owners and their insurance companies often try to shift blame onto the injured person. Having solid documentation — photos, witness statements, incident reports — helps protect your claim.

Steps to Take After a Slip and Fall in Oregon

These actions can protect both your health and your legal rights:

1. Get medical attention immediately. Even if you feel okay, some injuries appear hours or days later. Medical records also document the link between the accident and your injuries.
2. Report the incident. Tell the property owner or manager, and ask for a written incident report.
3. Document the scene. Take photos and video of the hazard, your injuries, your footwear, and the surrounding area.
4. Collect witness information. Names and phone numbers of anyone who saw you fall.
5. Preserve your clothing and shoes. These can serve as evidence.
6. Avoid giving recorded statements to the other party's insurance company without legal guidance.
7. Contact a personal injury attorney as early as possible to evaluate your options.

Frequently Asked Questions

How long do I have to file a slip and fall lawsuit in Oregon?

In most cases, two years from the date of the injury under ORS § 12.110. If your fall occurred on government property, you may have as little as 180 days to file a required tort claim notice.

What if I didn't realize I was injured right away?

Oregon's discovery rule may allow your deadline to start from when you discovered (or should have discovered) your injury. The exact timeline varies — confirm the details with an attorney.

Can I still file a claim if I was partly at fault for the fall?

Yes, as long as you are 50% or less at fault. Oregon's modified comparative fault rule will reduce your recovery by your percentage of fault, but you are not automatically barred from compensation.

What if the slip and fall happened at a store or business?

Business owners have a duty to maintain safe premises for customers. If a dangerous condition existed and the owner knew (or should have known) about it and failed to fix it, they may be liable. Two years is still your standard filing deadline.

What does it cost to talk to a lawyer about my case?

Most personal injury attorneys in Oregon work on a contingency fee basis — meaning you pay nothing upfront and only owe a fee if you recover money. Initial consultations are typically free.

Time is the biggest threat to a slip and fall case in Oregon. Evidence disappears, witnesses forget details, and deadlines are unforgiving. The sooner you understand where your case stands, the better positioned you are.

Talk to our 24/7 AI to see if you have a strong case — free, no obligation. → Start free intake