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What Is the Illinois Premises Liability Statute of Limitations?

January 14, 2025

If you have a premises liability claim in Illinois, you must file your claim before the premises liability statute of limitations expires. If you don’t, you will lose the right to file—and this means that you won’t be able to recover the financial compensation you deserve. 

So, what is the premises liability statute of limitations in Illinois?

Before we get to Illinois’ premises liability statute of limitations, we need to clarify an important point: Even if you still have plenty of time to file your premises liability claim, this does not mean you should wait. It will be important to investigate your accident promptly; and, of course, the sooner you file your claim, the sooner you will be able to move on with your life.

How soon should you take action? If you think you may have a premises liability claim, we recommend contacting a lawyer today. You can learn about your legal rights in a free, no-obligation consultation; and, if you have a claim, your lawyer can get to work right away gathering the evidence he or she will need to seek just compensation on your behalf. 

The Statute of Limitations for Premises Liability Claims in Illinois

In most cases, the statute of limitations for filing a premises liability claim in Illinois is two years from the date of the accident. This is based on 735 ILCS 5/13-202, which states: 

“Actions for damages for an injury to the person . . . shall be commenced within 2 years next after the cause of action accrued . . . .”

You might have noticed that this does not mention premises liability claims specifically. That’s because this is the statute of limitations for personal injury claims generally, and a premises liability claim is classified as a type of personal injury claim under Illinois law. 

The statute of limitations sets a hard and fast deadline for filing a premises liability claim in Illinois. If you miss the deadline by even a single day, the owner of the property where you got injured will no longer be liable for your injuries. The property owner’s insurance company will not have to pay; and, if you try to file a premises liability lawsuit in court, the property owner will be fully justified in filing a motion to dismiss. 

You Must File a Lawsuit in Court to Protect Your Legal Rights

This raises another important point: While seeking just compensation for a premises-related accident often involves dealing with the property owner’s insurance company, filing an insurance claim does not stop the statute of limitations from expiring. Let’s say you file an insurance claim, and it takes more than two years to get the insurance company to accept liability. If the two-year anniversary of your accident passes and you have not yet filed a lawsuit in court, you will lose your right to coverage. 

As a result, even if you have a commercial liability or homeowner’s insurance claim, you may still need to file a lawsuit in order to protect your legal rights. This is one of several reasons why it is important to have an experienced premises liability lawyer on your side. When you hire an experienced lawyer to represent you, your lawyer can protect your legal rights, investigate your premises-related accident promptly, and help ensure that you are seeking full compensation for your medical expenses, pain and suffering, and other losses. 

Special Premises Liability Statute of Limitations for Child Injuries 

While Illinois’ statute of limitations for premises liability claims is typically two years from the date of the accident, there are some exceptions. One of the most important exceptions is for cases involving child injuries. If your child was injured in a slip-and-fall or another accident on someone else’s property, your child will have until his or her 20th birthday to file a claim. However, parents can file claims on behalf of their children; and, here too, it is generally best to take legal action as soon as possible.  

Special Deadline for Premises Liability Claims Involving Accidents on Government Property 

There are also special rules for premises liability claims involving accidents on government property. If you have a claim against a state agency in Illinois, you must file a “Notice of Claim” within one year of the date of the accident. This is in addition to meeting the applicable statute of limitations. 

Discuss Your Legal Rights with an Illinois Premises Liability Lawyer for Free

Do you have a premises liability claim in Illinois? If so, we strongly encourage you to contact us for a free, no-obligation consultation. 

Contact Coplan + Crane today online or at 312-982-0588 to schedule a FREE case evaluation. We welcome clients from across Illinois, including Chicago, Oak Park, Rockford, and other areas. We handle these cases on a contingency basis, which means you don’t pay unless we win.