Does Louisiana’s New 2-Year Injury Deadline Apply To Slip And Fall Cases?

If you slipped and fell on someone else’s property in Louisiana, the deadline to file a lawsuit recently changed. Miss it, and you can lose your right to seek compensation, no matter how serious your injuries are or how strong your case may be.

So the first question most people ask is simple: Do I have one year or two?

The answer depends on one specific date. Below, we’ll explain how the new deadline works, who it applies to, and what you need to know before time runs out.

Key Takeaways

• Louisiana now gives most people injured in slip-and-fall accidents 2 years to file a lawsuit, instead of 1.
• The new two-year deadline applies only if the injury happened on or after July 1, 2024. Falls before that date generally remain subject to the old one-year deadline.
• A longer filing deadline does not mean you should wait. Evidence such as surveillance footage, witness memories, and accident scene conditions can disappear quickly.
• Some situations, including wrongful death claims, injuries involving minors, and accidents on certain types of property, may follow different legal rules and deadlines.

The Rule In A Nutshell

Louisiana now gives you two years to file most personal injury lawsuits, including slip and fall claims, under Louisiana Civil Code article 3493.1. The two-year period generally starts on the date of your injury.

The important exception is when the fall happened. The new deadline applies only to injuries that occurred on or after July 1, 2024. If your slip-and-fall occurred before that date, the previous one-year deadline generally still applies. That’s why you may still see older articles referring to a one-year filing period.

What Changed In Louisiana’s Injury Deadline

For decades, Louisiana had one of the shortest deadlines in the country, giving most injured people just one year to file a lawsuit. That changed in 2024, when the legislature passed Act 423, replacing the one-year period with a two-year prescription for most tort claims.

The new law states:

“Delictual actions are subject to a liberative prescription of two years. This prescription commences to run from the day that injury or damage is sustained.”

Act 423 took effect on July 1, 2024, and repealed the previous one-year deadline. In Louisiana, the term “prescription” simply refers to what most states call the statute of limitations, or the legal deadline for filing a lawsuit.

Who Does The 2-Year Rule Actually Cover?

The accident date is what matters. Louisiana’s two-year filing deadline applies to injuries from accidents that happened on or after July 1, 2024. If your accident occurred before that date, the earlier filing deadline generally applies.

For example, someone injured on June 30, 2024, would usually be subject to the old deadline. Someone injured on July 2, 2024, would generally have two years to file.

There are exceptions that can affect how long you have to bring a claim, so it is important to confirm the deadline that applies to your case rather than relying on the calendar alone.

Why Timing Matters Even More In Slip And Fall Cases

Having two years to file does not mean you should wait. In many slip-and-fall cases, evidence disappears long before the filing deadline.

Under Louisiana’s merchant liability law, you generally must show that the dangerous condition created an unreasonable and foreseeable risk, that the business created it or knew, or should have known, about it, and that it failed to use reasonable care.

That question of notice is often the hardest part to prove. In many cases, it comes down to how long the hazard had been present before the fall. Surveillance footage may be overwritten, spills are cleaned up, and witnesses’ memories fade. Once that evidence is gone, it can be difficult to rebuild your case.

A New Orleans slip-and-fall lawyer can act quickly to preserve evidence and investigate what happened before important evidence is lost.

Common Mistakes That Cost People Their Claim

One of the biggest mistakes is assuming every Louisiana injury claim has the same deadline. Someone injured before July 1, 2024, may have a different filing period than someone hurt after that date.

Other common mistakes include:

• Relying on outdated information that still says Louisiana has a one-year deadline.
• Waiting until the last minute because you think two years is plenty of time.
• Assuming every case follows the same rule, even though some situations may have different deadlines.

Even if you have time to file, important evidence may not last that long. Surveillance footage can be erased, accident scenes change, and witnesses become harder to find. Acting sooner often makes it easier to build a stronger claim.

Frequently Asked Questions

Is the Louisiana slip-and-fall deadline 1 year or 2?

Two years for falls on or after July 1, 2024, and one year for falls before that date. The date you feel decides which deadline is yours.

Does the new rule apply to an injury before July 1, 2024?

The two-year deadline generally applies only to accidents that happened on or after July 1, 2024. If the injury occurred before that date, the previous filing deadline usually applies.

Does the deadline change if a fall was fatal?

Wrongful death claims follow different rules from standard personal injury claims. The filing deadline depends on the circumstances, so it is important to speak with an attorney to determine the deadline that applies to your case.

Protect Your Right to File a Claim

The first step is figuring out which filing deadline applies to your case. From there, gather your medical records, save any photos or other evidence, and write down what you remember while the details are still fresh.

If you are unsure which deadline applies or have questions about your claim, the team at AKD offers free case reviews. You pay no attorney’s fees unless compensation is recovered, so you can understand your options before making any decisions.