What is the statute of limitations for filing a slip and fall claim?

The statute of limitations for filing a slip and fall claim in South Dakota is three years. This three-year timeframe begins from the date of the incident in which the injury or property damage has occurred. If any claim is not filed within the three-year time limit, it will be barred from ever being filed. If the claimant is a minor aged 17 or younger, the three-year time frame begins to run from the date of the injury or property damage, but the minor has until their twentieth birthday to file the claim. This means that if the claimant was injured as a minor, they would have three years plus an additional three years to file their claim. In South Dakota, there are certain circumstances that may allow for the statute of limitations to be tolled (i.e. paused) or extended. If the claimant is underage at the time of the incident, the statute of limitations may be tolled until they reach the age of majority. If the claimant was mentally incapacitated at the time of the incident, the statute of limitations may be tolled until the incapacitation ends. It is important to keep these time limits in mind if you are filing a slip and fall claim in South Dakota. If any claim is not filed within the three-year time limit, it will be barred from ever being filed. It is important to speak to a qualified attorney to understand your rights and the applicable deadlines for filing a claim.

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