TL;DR: California slip-and-fall deadlines vary by case. Private-property injury lawsuits generally have a 2-year limit, public-entity claims may require a written claim within 6 months, and property damage may have a 3-year deadline. Exceptions can change these timelines, so identifying the responsible party and preserving evidence early is important.
California generally allows you 2 years to file a personal injury lawsuit after a slip-and-fall on private property. If a public entity may be responsible, however, you may need to present a written government claim within 6 months after the cause of action accrues before you can sue. Property damage from the same incident may be subject to a separate 3-year limitations period.
The correct deadline depends on who owned, controlled, or maintained the property; the type of claim involved; and whether a rule such as minority tolling, delayed discovery, or lack of legal capacity changes the clock. A grocery store or private apartment complex will generally fall under the ordinary personal injury deadline. By contrast, a city sidewalk, public park, transit facility, or other government-controlled property may be subject to the Government Claims Act’s shorter claim-presentation deadline.
Because different deadlines can apply to the same incident, identifying the responsible parties early is important. Evidence can also disappear long before the filing period expires, so the legal deadline should not be used as a reason not to investigate a slip-and-fall claim or to preserve evidence related to it.
Key Facts About California Slip-And-Fall Deadlines
- California generally allows you 2 years to file a personal injury lawsuit based on the wrongful act or neglect of another (CCP § 335.1).
- California generally provides 3 years to file a lawsuit seeking damages for injury to personal property (CCP § 338(c)(1)).
- A covered written claim against a public entity generally must be presented within 6 months after the cause of action accrues (Government Code § 911.2).
- An application for leave to present a late government claim generally must be made within a reasonable time not exceeding 1 year after accrual (Government Code § 911.4).
- For many private-property personal injury lawsuits, the limitations period may be tolled while the injured person is a minor (CCP § 352(a)).
Table of Contents
California State Bar #249405
Admitted 2007
California Personal Injury Attorney
- September 2026
Deadline For Slip-And-Falls Accidents On Private Property
If you slipped and fell at a grocery store, a retail shop, or a private apartment complex, California generally gives you 2 years from the date of your injury to file a personal injury lawsuit. That deadline comes from the Code of Civil Procedure (CCP) § 335.1, which governs personal injury actions arising from a wrongful act or neglect. The statute text reads:
“Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another”.
In a typical slip-and-fall case, the two-year period begins when the injury occurs. However, California law recognizes exceptions that may affect when a claim accrues or whether the limitations period is tolled. As a general rule, the deadline is not based on:
- The date your treatment ended.
- The date you finished physical therapy.
- The date you first consulted an attorney.
- The duration of insurance negotiations.
One of the most common ways people lose their right to file is by mistakenly believing that insurance negotiations are over. Talking to an adjuster, receiving settlement offers, or continuing medical care generally does not pause the deadline. Unless a legal exception applies, the limitations period continues to run. Missing it typically means dismissal of your case if the defendant properly raises the statute of limitations as a defense.
Wrongful death claims arising from a fatal slip-and-fall follow the 2-year statute of limitations under CCP § 335.1. Those who may bring the claim include:
- The decedent’s surviving spouse or domestic partner.
- The decedent’s children and certain other heirs.
- Certain other individuals are identified by the statute, including some dependents.
Deadline For Property Damage After A Slip-And-Fall
Slip-and-fall accidents can damage more than your body. Phones, watches, glasses, clothing, or other personal property may also be damaged in the incident.
California generally allows you 3 years to file a lawsuit for damage to personal property. This deadline is separate from the 2-year limitations period that generally applies to personal injury claims. (CCP § 338(c)(1)).
If the same incident caused both bodily injury and property damage, the two claims may therefore be subject to different filing deadlines. Claims involving a public entity may also be subject to the Government Claims Act, which imposes shorter deadlines for claim presentation.
Deadline For Slip-And-Falls On Public Or Government Property
If your slip-and-fall happened on government property in California and you have a claim against a public entity, you generally must present a written government claim within 6 months before you can sue. Government Code (Gov. Code) § 911.2 requires claims for personal injury to be presented no later than 6 months after the cause of action accrues.
The written claim must generally identify the claimant, the date and location of the incident, the circumstances that caused the incident, and the injuries and damages sustained. Defects or omissions in a claim can create procedural issues.
Once the claim is presented, the public entity generally has 45 days to act on it (Government Code § 912.4). Three things can happen:
- The Entity Accepts the Claim in Whole or in Part: The matter may then proceed to payment or settlement, possibly after negotiation.
- The Entity Rejects the Claim in Writing: If proper written notice of rejection is given under Government Code § 913, you generally have 6 months from the date the notice was personally delivered or deposited in the mail to file a lawsuit.
- The Entity Does Not Act: The claim is generally deemed rejected once the time for the entity to act has expired. If proper written notice under § 913 is not given, Government Code § 945.6 generally allows up to 2 years from accrual of the cause of action to file suit.
What Happens If You Miss The Six-Month Deadline?
California law generally permits an application for leave to present a late claim when a claim subject to the 6-month rule was not presented on time. The application must generally be presented within a reasonable time, not exceeding 1 year after the cause of action accrued, and must state the reason for the delay (Gov. Code § 911.4).
Whether relief is available depends on the circumstances and the statutory requirements governing late claims. The deadlines for government claims are strict; do not assume that delayed discovery or another exception applies to your situation. A late-claim application is a potential remedy to justify approval, not a substitute for presenting the claim on time. Consult a California slip-and-fall lawyer promptly to confirm the applicable deadline.
What Types Of Property May Be Involved In A Government Claim?
Property ownership is frequently less obvious than it appears. Identifying the entities that owned, controlled, or maintained it is therefore important.
Government entities that may be responsible for dangerous conditions include:
- City and county parks and recreational areas.
- Public schools, community colleges, and university campuses.
- Courthouses, civic buildings, and public libraries.
- Public transit stations, platforms, and vehicles.
- Municipally owned parking structures.
- Public beaches, piers, and boardwalks.
- County hospitals and public health facilities.
- Municipal sidewalks, public roads, and state highways.
- Public housing complexes.
A privately operated government-owned facility may involve claims against both a public entity and a private company, depending on who controlled the property and the circumstances of the incident. A joint-use facility shared by a city and a school district may likewise involve more than one entity.
Exceptions That Can Pause Or Alter The Filing Deadline
California law recognizes a narrow set of exceptions that can toll (legally pause) or otherwise affect the filing deadline for a slip-and-fall claim. These exceptions are fact-specific and should not be treated as a planning strategy.
Potential exceptions include the following:
- Minority Tolling: If the person injured in a slip-and-fall is a minor, the two-year filing deadline may be tolled until they turn 18 for many private-property personal injury claims. However, the six-month deadline for Government-entity claims still applies. When tolling does apply, a parent or guardian files a claim on the minor’s behalf during the tolling period (CCP § 352(a)).
- Delayed Discovery: Under this rule, the statute of limitations may be postponed until the injured person discovers, or reasonably should have discovered, their injury and that someone’s wrongful conduct may have caused it. A later diagnosis alone does not automatically delay the deadline. The rule typically applies only when the injury or its wrongful cause could not reasonably have been discovered earlier.
- Out-of-State Defendant: The limitations period may be affected if a defendant responsible for the property has been absent from California. Whether this tolling rule applies should be evaluated based on the circumstances of the case (CCP § 351).
- Lack of Legal Capacity: Certain limitations periods may be tolled when the injured person lacks legal capacity to make decisions. Whether the exception applies to a slip-and-fall claim depends on the statutory requirements and the facts (CCP § 352(a)).
The person relying on an exception generally must establish that it applies. Relying on tolling as a backup plan can put a slip-and-fall claim at serious risk. Even when an exception may apply, acting quickly helps preserve evidence that an extension of the filing deadline cannot restore.
Why Evidence Disappears Long Before The Deadline Does
The 2-year filing window is a legal deadline, not an evidence-preservation guarantee. In a California slip-and-fall claim, important evidence can disappear or change well before the statute of limitations expires. By the time a claimant considers filing, evidence that could help show how long a hazard existed or whether the property owner knew about it may already be unavailable.
- Surveillance video. Many commercial and retail surveillance systems automatically overwrite footage under their routine retention settings. Video showing how long a liquid spill or broken surface remained unaddressed before an incident can be important evidence when evaluating whether a property owner had actual or constructive notice of the hazard. A written preservation demand can help place the property owner on notice that relevant footage should be retained. A duty to preserve evidence may also arise when litigation is reasonably foreseeable.
- Maintenance and inspection logs. Floor inspection logs, cleaning schedules, and maintenance records may be deleted or discarded in accordance with a business’s ordinary record-retention practices. These records can help show whether the premises were being inspected and whether a dangerous condition was identified or addressed. A prompt preservation request helps ensure that relevant records are retained.
- The physical hazard itself. Liquid spills may be cleaned quickly, and broken stair components, cracked flooring, or other hazards may be repaired or altered after an incident. Photos and videos taken at or near the time of the incident can preserve evidence of the condition before it changes.
- Witness information. Bystanders may leave the area, employees may change jobs, and memories can become less reliable over time. Collecting witness names and contact information as soon as possible can help preserve accounts of what happened.
- Your own memory. Details about the location, lighting, warning signs, floor condition, and events immediately before and after the incident can become harder to recall over time. Writing down what happened while the details are still fresh can create a useful contemporaneous record.
The filing deadline tells you how long you generally have to start a lawsuit. It does not guarantee that the evidence needed to support that lawsuit will still exist when you are ready to file.
What To Do After A Slip-And-Fall Accident In California
The steps you take after a slip-and-fall can affect the evidence available to support a California slip-and-fall claim. Acting promptly can help document what happened, preserve relevant evidence, and identify the parties who may be responsible.
- Seek medical attention promptly. Medical records can document the timing, nature, and extent of your injuries. Delays or gaps in treatment may raise questions about causation or the severity of the injuries, depending on the circumstances.
- Report the incident onsite. Tell the store manager, landlord, or property owner about the incident and request a written incident report if one is available. Keep a copy. An incident report can help document when the incident occurred and that you reported it.
- Photograph and video the hazard. Document the condition of the floor, surface, or area where you fell before it is cleaned, repaired, or altered. Include warning signs, barriers, or their absence, as well as any visible injuries.
- Collect witness contact information. Get the names and contact information of anyone who saw the incident or observed the hazardous condition.
- Identify who owns or controls the property. Such factors can affect the filing deadline. If ownership or control is unclear, investigate promptly, as claims involving public entities often have much shorter deadlines than those for claims involving private property.
- Be cautious about recorded statements. An insurance adjuster may request a recorded statement about the incident and your injuries. Before giving one, make sure you understand the request and consider obtaining legal advice, particularly if the extent of your injuries is still uncertain.
- Review any settlement offer carefully. An early offer may be made before the full extent of your injuries, treatment needs, or future losses is known. Before accepting, review the terms carefully, as a settlement may include a release that resolves covered claims.
- Contact a California slip-and-fall attorney. A lawyer may send a preservation request asking the property owner to retain relevant surveillance footage, inspection records, maintenance logs, and other evidence. Preservation can be particularly important when evidence may otherwise be overwritten, altered, or discarded.
What Arash Law Has Recovered For Clients In Premises Liability Cases
Arash Law has recovered over $1 billion for injured clients across California. The case results below include a significant slip-and-fall recovery, as well as recoveries in other premises liability cases involving serious injuries.
$3,500,000 — Premises Liability: Our team secured a $3.5 million recovery in a premises liability case involving inadequate lighting. The client suffered a fall that resulted in a spinal injury and significantly affected her daily life and recovery.
$3,750,000 — Construction-Site Fall: In another premises-related matter, a client fell from a roof while working at a construction site and suffered a traumatic brain injury that required extensive rehabilitation. Workers’ compensation colleagues referred the case, and a Riverside workers’ compensation judge approved a $3.75 million settlement.
Remember: Past results do not guarantee future outcomes. Every case is different, and results depend on the specific facts, evidence, applicable law, and other circumstances.
If you suffered an injury in a slip-and-fall or another premises-related accident, Arash Law can review the circumstances of your case and discuss your legal options. Call us today at (888) 488-1391 for a free case evaluation.
FAQs About The Slip-And-Fall Statute Of Limitations In California
California slip-and-fall deadlines can vary depending on who is responsible, the type of damages involved, and whether a legal exception applies. The following answers address common questions about missed deadlines, insurance claims, minors, and other issues.
What Happens If I Miss The 2-Year Filing Deadline?
Missing the 2-year deadline can bar your claim if the defendant raises the statute of limitations, and no exception applies. California courts may dismiss an untimely case even when injuries are severe or liability appears clear.
However, rules such as minority tolling, delayed discovery, or lack of legal capacity may alter the applicable deadline in some cases. Even a short delay beyond the actual deadline can jeopardize your right to pursue compensation.
Does Filing An Insurance Claim Pause The Statute Of Limitations?
No. Filing an insurance claim or continuing settlement negotiations generally does not stop or extend the statute of limitations. You must still file a lawsuit within the applicable limitations period unless a recognized exception, tolling rule, or other legal basis changes the deadline.
Does The Clock Start On The Accident Date Or When I Discover The Injury?
In most slip-and-fall cases involving an immediately apparent injury, the limitations period begins when the injury occurs. In limited circumstances, the delayed-discovery rule may postpone accrual until the injured person discovers, or reasonably should have discovered, the injury and its wrongful cause. A later diagnosis by itself does not necessarily delay the start of the limitations period.
Can The Statute Of Limitations Be Extended For A Minor?
Yes. For many private-property personal injury claims, the limitations period is tolled while the injured person is under the age of majority. When CCP § 352(a) applies, the ordinary limitations period generally does not begin to run until the person turns 18. Government-entity claims are subject to different rules, and a parent or guardian may pursue a claim on the minor’s behalf before the tolling period ends (CCP § 352(a)).
What Is The Correct Agency To File A Government Tort Claim Against The State Of California?
For many claims against the State of California, as distinct from a city, county, or other local public entity, the filing pathway runs through the California Department of General Services’ Government Claims Program. The proper filing route can vary for certain claims or agencies, so confirm the correct process before submitting the claim.
Claims against Caltrans require careful attention to the correct filing pathway. Those seeking $12,500 or less in damages are filed directly with Caltrans, while claims seeking more than $12,500 in damages generally go through the Government Claims Program.
Get Answers After A Slip-And-Fall. Call Arash Law Today!
Understanding the time limits after a slip-and-fall accident is crucial to ensuring you don’t lose your right to seek compensation. If you have questions about how much time you have, Arash Law can help you meet the deadline.
Arash Law’s attorneys can review what happened and who owned or controlled the property, then determine what evidence you may need to preserve. You don’t have to manage deadlines on your own.
Call (888) 488-1391 for a free case evaluation. Arash Law handles personal injury cases on a contingency fee basis, which means you do not owe attorney fees unless we secure compensation on your behalf.
Arash Law — Make Them Pay, Call AK.
Sources
California Code of Civil Procedure § 335.1: Establishes the general two-year statute of limitations for personal injury and wrongful death actions caused by the wrongful act or neglect of another.
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=335.1.California Code of Civil Procedure § 338(c)(1): Establishes the general three-year limitations period for injury to personal property.
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=338.California Code of Civil Procedure § 351: Addresses the effect a defendant’s absence from California may have on the limitations period.
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=351.California Code of Civil Procedure § 352(a): Addresses tolling based on minority or lack of legal capacity and contains limitations on its application to public-entity claims.
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=352.California Code of Civil Procedure § 377.60: Identifies the persons who may bring a California wrongful death action.
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=377.60.California Government Code § 911.2: Requires covered claims involving death, personal injury, or injury to personal property to be presented within six months after accrual.
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV§ionNum=911.2.California Government Code § 911.4: Governs applications for leave to present certain late government claims and generally requires the application to be made within a reasonable time not exceeding one year after accrual.
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV§ionNum=911.4.California Government Code § 912.4: Generally gives a public entity 45 days to act on a properly presented claim unless that period is extended by agreement. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV§ionNum=912.4.
California Government Code § 913: Governs written notice of a public entity’s action on or rejection of a claim.
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV§ionNum=913.California Government Code § 945.6: Establishes the deadlines for filing suit after a government claim is rejected, including the six months following proper written rejection and the longer period when a qualifying written notice is not given.
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV§ionNum=945.6.California Department of General Services — Government Claims Program: Provides the filing process for many claims for money or damages against the State of California.
https://www.dgs.ca.gov/ORIM/File-A-ClaimCalifornia Department of Transportation — Submit Damage Claim: Explains the filing pathway for certain claims against Caltrans, including the distinction between claims of $12,500 or less and claims exceeding $12,500.
https://dot.ca.gov/online-services/submit-damage-claimArash Law — Case Results: Source for the slip-and-fall and other premises-related recoveries discussed in the article.
https://arashlaw.com/case-results/Disclaimer
The information on this page is for general educational purposes and does not constitute legal advice. Reading or relying on this content does not create an attorney-client relationship. If you were injured, consult a licensed California personal injury attorney about your specific situation. Arash Law. Call (888) 488-1391.
