Slip and Fall Statute of Limitations California
California slip and fall victims generally have two years from the date of their injuries to file a claim for damages. Though there are exceptions to the deadline, it’s best to start working on your claim immediately. If you or a loved one has been injured in a slip and fall accident, read on to learn more about your options from the skilled attorneys at Cutter Law P.C.
- The California statute of limitations generally gives slip and fall victims two years from the accident date to file a claim.
- However, claims against government entities or employees must be filed within six months after the accident.
- Minor victims have more time to file a claim, as the statute of limitations doesn’t begin to run until they turn 18.
- Filing a claim immediately after a slip and fall accident will give you the best shot at winning compensation.
- A skilled California slip and fall attorney can help prepare and file your claim within the proper time frame.
How Long Do You Have to File a Slip and Fall Claim in California?
A statute of limitations gives claimants a certain number of years to file a lawsuit following an accident. California’s statute of limitations for personal injury claims, including slip and fall accidents, is typically two years from the accident date.
There are some exceptions to the California slip and fall statute of limitations, allowing more or less time to sue depending on who the claimant and defendant are.
Two Years for Premises Liability Claims
Slip and fall accident cases fall under California’s premises liability laws. These laws impose a legal duty on property owners to maintain their premises free of hazardous conditions or warn those legally on the property of such hazards. Premises liability claims are governed by California’s personal injury statute of limitations, which gives slip and fall victims two years from the accident date to file a lawsuit.
Businesses that can be liable for a slip and fall claim include the following:
- Grocery stores: For example, a customer might slip on a spilled product that was not marked or cleaned up.
- Restaurants: For instance, a patron could slip on a recently-mopped bathroom floor where no wet floor sign had been posted.
- Apartment Complexes: On the way to their unit, a resident might trip and fall because of a hazardous condition, such as a damaged carpet.
- Hotels: A guest might slip and fall in a common area like a swimming pool or lobby.
- Parking Lots: Potholes and broken pavement create falling hazards if not properly addressed.
Our client sued a Marriott/Springhill Suites after they installed the wrong tile on an outdoor walkway. It rained that day and our client slipped and fell. The case settled for $350,000.
6 Months for Government Tort Claims
Claims against government entities or their employees typically have shorter deadlines than the standard statute of limitations. In California, slip and fall victims must file a claim against a government entity within six months of an accident.
Common government properties involved in slip and fall claims include:
- Public sidewalks: Uneven or cracked pavement can cause fall injuries.
- Public parks: Tripping hazards or unsafe walking surfaces might cause visitors to slip and fall.
- Schools: Improperly maintained playgrounds or slick floors in hallways, gymnasiums, and cafeterias can cause students and staff to slip, trip, and fall.
- Public restrooms: Common slip and fall hazards include spills and unmarked wet floors.
- Public swimming pools: Pool decks often have slippery surfaces and tripping hazards.
Extended Time for Minors
One exception to the two-year statute of limitations for slip and fall claims is when the victim is a minor. In that situation, the deadline is “tolled,” or paused, until the victim turns 18. They then have two years until their 20th birthday to file suit.
When Does the Slip and Fall Statute of Limitations Start in California?
The two-year deadline under California’s statute of limitations usually begins on the accident date. However, it might start later in some situations.
Date of Injury
In most cases, the statute of limitations begins to run when the victim is injured. This rule applies to the vast majority of slip-and-fall claims.
Discovery Rule
Some injuries are not immediately apparent following a slip-and-fall accident. If the victim discovers an injury later, the statute of limitations begins when the victim learns of or should reasonably have discovered the injury.
Minors
When the slip and fall accident victim is a minor, the statute of limitations begins to run on their 18th birthday, regardless of when they were injured.
Slip and fall victims cannot recover any compensation for their injuries if they fail to file a claim within the California statute of limitations. Therefore, waiting too long can make it impossible to successfully negotiate a settlement or win a verdict at trial.
When Should You File a Slip and Fall Claim?
The best time to file a slip and fall claim is immediately after the accident. The sooner you get started, the sooner your attorney can begin collecting and preserving crucial evidence to strengthen your case. As time passes, key evidence —such as security camera footage, photos of the hazardous condition, and witness statements—gets harder and harder to obtain.
Conversely, you can expect the liable party and their insurer to begin collecting evidence immediately after they become aware of the accident. Even before you file a claim, they will likely begin documenting the scene, preserving relevant records, and devising defenses to undermine your claim. Hiring a slip and fall lawyer quickly can help you counteract these tactics and build a more compelling claim.
Contact Cutter Law to Handle Your Slip and Fall Claim
If you’ve been injured in a slip and fall accident, the dedicated slip and fall attorneys from Cutter Law are ready to fight for you. Contact us today for a free, no-obligation consultation. We will treat you like family while we handle your case, and you won’t owe us anything unless we win.
Our significant victories on behalf of slip, trip, and fall victims include the following:
SETTLEMENT
$10.03 MILLION
TRIP AND FALL
Attorneys Brooks and Margot Cutter obtained a $10 million settlement during jury selection for a trip and fall accident that resulted in major injuries.
SETTLEMENT
$350,000
SLIP AND FALL
Attorneys Brooks and Margot Cutter obtained a $350,000 for a client involved in a slip and fall accident in San Jose.
Brooks has a long-established, respected reputation as a skilled trial attorney and a record of proven success.
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