Statute of Limitations for Premises Liability / Slip and Fall in Maryland

6 min read

Published April 8, 2026 • By DocketMath Team

Overview

Run this scenario in DocketMath using the Statute Of Limitations calculator.

In Maryland, the statute of limitations (“SOL”) for most slip-and-fall (premises liability) claims is 3 years under Md. Code, Cts. & Jud. Proc. § 5-106. In practical terms, you generally must file suit within three years from when the claim accrues, or the case risks dismissal as untimely.

For slip and fall injuries, “premises liability” is not typically treated in Maryland practice as a single, uniquely labeled claim with its own separate filing deadline. Instead, Maryland courts commonly apply the general limitations period for civil actions sounding in tort (and similar claims) unless another statute or a specific doctrine changes the timing.

Important clarity: no claim-type-specific sub-rule was identified for premises liability/slip-and-fall in this jurisdiction. That means you should treat § 5-106’s default 3-year period as the starting point and then check whether any exception or tolling concept could apply based on your facts.

Note: A limitations deadline is a procedural timing rule—not a determination of whether the underlying facts are strong. Even if liability is disputed, missing the deadline can end the case.

Limitation period

Default rule: 3 yearsMd. Code, Cts. & Jud. Proc. § 5-106.

What starts the clock?

Maryland’s general approach ties the SOL to when the cause of action accrues. For many slip-and-fall matters, filings treat the incident (fall) date as the key accrual point. However, accrual can be fact-dependent, especially where the injury was not immediately obvious.

Because timing can turn on “accrual” details, it’s safer to sanity-check your accrual date by looking at:

  • The date of the slip/fall
  • The date the injury became apparent (for example, when symptoms became serious enough to recognize an actionable injury)
  • The date you knew or should have known the injury was real and connected to the event (not just soreness or minor discomfort)

How to calculate the deadline

A common workflow is:

  1. Identify the accrual date (often the incident date).
  2. Add 3 years.
  3. Review whether any tolling or exception could pause or extend the time to file.

How DocketMath helps

DocketMath’s /tools/statute-of-limitations calculator is designed to help you model the deadline from a timeline you control.

  • If your inputs align with the default rule and no tolling applies, the “latest file” date you get should generally match three years after accrual.
  • If a tolling factor or exception is input (when applicable), the calculator’s output should reflect that the deadline may move later.

Common timing risk (practical examples)

Slip-and-fall cases can become time-barred when someone relies on the wrong date, such as:

  • Assuming the SOL runs from the last day of medical treatment rather than from accrual; or
  • Waiting to file until after symptoms worsen and then treating that later date as the start of the SOL, even though accrual may have occurred earlier.

Ongoing treatment can be relevant to damages and documentation, but it does not automatically restart or extend the general 3-year SOL.

Key exceptions

Maryland may extend, pause, or otherwise affect limitations deadlines based on specific legal doctrines. Think of exceptions as fact triggers, not assumptions—if the trigger doesn’t match your situation, the “default 3-year” rule often remains the baseline.

Below are the main categories to check in premises cases:

1) Tolling based on a qualifying status

Maryland law includes tolling concepts tied to certain legal statuses (often analyzed under limitations rules). Common examples discussed in limitations analysis include situations where the injured person cannot legally sue due to status-based constraints.

To check this category, ask:

  • Was the injured person a minor at the time of the fall?
  • Was the injured person under a disability that legally affects the ability to sue?

If yes, the “effective” start or end of the SOL may change. DocketMath can help you model how those inputs affect the computed deadline.

2) Discovery-related issues (accrual may depend on when you knew)

Even with a general period, the SOL can hinge on when the claim accrued, and accrual can depend on when the injury was known (or should have been known).

In slip-and-fall terms:

  • Some injuries are obvious immediately (e.g., a clear fracture).
  • Others may start mild and become more serious later, changing what a plaintiff reasonably should have recognized about the injury.

This makes your “accrual date” input especially important. If you’re comparing scenarios (incident date vs. later discovery date), run both through the calculator to see how much the timeline shifts.

3) Interruption or extension events

Certain events can affect deadlines in limitations practice (for example, events that stop the clock, preserve claims, or otherwise change timing). These are highly fact-specific, so the safest approach is:

  • Enter your exact dates into the calculator
  • Then compare the resulting “latest file” date to your case timeline

Pitfall to avoid: don’t assume “ongoing treatment” alone automatically extends the SOL. Under the default framework tied to accrual, the deadline typically relates to when the claim accrued—not when therapy ends.

This is general information, not legal advice. If your situation involves unusual facts, a qualified attorney can help confirm what applies.

Statute citation

The general limitations statute used as the starting point is:

  • Md. Code, Cts. & Jud. Proc. § 5-1063 years (general/default period for the type of claims typically analyzed under this section)

Because no premises/slip-and-fall claim-type-specific sub-rule was identified here, § 5-106 is the default rule to start from, and then you test whether any exception or tolling concept applies.

For reference, the statute is available here:
https://codes.findlaw.com/md/courts-and-judicial-proceedings/md-code-cts-and-jud-pro-sect-5-106/?utm_source=openai

Use the calculator

Use DocketMath’s /tools/statute-of-limitations tool to model the deadline using your timeline.

Suggested input approach:

  1. Open: /tools/statute-of-limitations
  2. Enter your accrual-related date (often the incident/fall date).
  3. Add any tolling inputs that match your situation (if applicable).
  4. Confirm the jurisdiction selection is US-MD.

How to interpret the output:

  • No tolling inputs: the tool should generally reflect a deadline consistent with 3 years under Md. Code, Cts. & Jud. Proc. § 5-106.
  • With tolling inputs: the “latest file” date should shift later, reflecting the modeled extension/pause.
  • If the result feels too strict: re-check your accrual date (especially for delayed recognition of the injury).

Workflow tip: If you want to understand risk, run multiple scenarios (for example, “incident date accrual” vs. “later discovery accrual”) and compare how much the deadlines move. That often reveals whether you’re near the end of the window.

Finally, once you have a target “latest file” date, build a buffer so you’re not waiting until the last week for:

  • evidence collection,
  • witness statements,
  • medical record requests,
  • and demand/filing preparation.

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