What Is the Statute of Limitations for a Slip and Fall Claim in California?

California gives slip and fall victims 2 years from the date of the accident to file a personal injury lawsuit under Code of Civil Procedure Section 335.1. Missing this deadline is almost always fatal to your claim, but several important exceptions can shorten or extend the standard period depending on who owned the property and when you discovered your injuries.

When Does the Two-Year Limitation Period Begin in a Slip and Fall Case?

In most California slip and fall cases, the statute of limitations clock begins running on the date of the fall itself, not the date you received medical treatment or discovered the full extent of your injuries.

• For adults who fell on private property, the 2-year period runs from the date of the incident
• For injuries that were not immediately apparent, the delayed discovery rule may start the clock from the date you knew or should have known the injury was serious
• Latent conditions such as nerve damage or a slow-developing back injury may qualify for delayed discovery in limited circumstances
• Waiting to see a doctor does not pause the statute of limitations; the clock runs regardless of when you seek treatment

How Does the Limitation Period Change for Government-Owned Property?

If you fell on property owned or maintained by a California government entity, the standard 2-year period is replaced by a much shorter administrative process.

• You must file a government tort claim with the responsible public agency within 6 months of the date of the fall
• After the agency responds or after 45 days pass without a response, you have 6 months to file a lawsuit
• Government entities include cities, counties, school districts, transit agencies, and state departments
• Failure to file a timely government claim is a complete bar to the lawsuit, even if it is filed within 2 years

Are There Any Exceptions That Extend the Slip and Fall Deadline?

Several exceptions can toll or pause the running of the statute of limitations, giving victims additional time to file in specific circumstances.

• Minors have until 2 years after their 18th birthday to file a slip and fall claim if the fall occurred while they were under 18
• Mental incapacity at the time of the fall can toll the limitation period for the duration of the incapacity
• The absence of the defendant from California during part of the limitation period may toll the clock under CCP Section 351
• Fraudulent concealment of the defendant's identity or the cause of your injury may toll the period under equitable principles

What Happens If You Miss the Slip and Fall Filing Deadline?

Courts almost universally dismiss slip and fall cases filed after the limitation period has expired, and no amount of merit in the underlying claim overcomes a missed deadline.

• The defendant raises the statute of limitations as an affirmative defense and files a motion to dismiss
• Courts grant dismissal with prejudice, permanently barring any future lawsuit based on the same incident
• Only the narrowest equitable exceptions, such as fraudulent concealment, can revive a time-barred claim
• Even a case with overwhelming evidence of negligence cannot proceed after the limitation period expires

Time is the most unforgiving factor in a slip and fall case. Do not wait to consult an attorney. The personal injury attorneys at Avian Law Group evaluate slip and fall claims throughout California, Arizona, and Nevada and act quickly to protect your rights before any deadline passes. Contact us for a free case review today.