Slip and fall accidents can result in serious injuries, from broken bones to traumatic brain injuries. In California, victims have a limited window of time to pursue legal action. Understanding the statute of limitations is critical—missing the deadline can permanently bar recovery, regardless of the strength of the case.
This article outlines California’s statute of limitations for slip and fall claims, including exceptions, deadlines for government claims, and strategic considerations for timely filing.
General Rule: Two-Year Deadline
Under California Code of Civil Procedure § 335.1, the statute of limitations for personal injury claims—including slip and fall—is two years from the date of the accident. This applies to incidents on private property such as:
- Retail stores
- Restaurants
- Apartment complexes
- Hotels
- Parking lots
If a lawsuit is not filed within this two-year period, the injured party loses the right to seek compensation through the court system.
Exception: Government Property Claims
If the slip and fall occurred on government-owned property—such as a city sidewalk, public school, or municipal building—a different timeline applies. Victims must file an administrative claim with the appropriate government entity within six months of the incident, pursuant to the California Government Claims Act (Cal. Gov. Code § 911.2).
After filing the claim, the government has 45 days to respond. If denied, the injured party may then file a lawsuit, but must do so within six months of the denial notice.
Tolling Provisions: When the Clock Pauses
Certain circumstances may pause (or “toll”) the statute of limitations:
- Minor victims: The two-year period does not begin until the child turns 18.
- Mental incapacity: If the victim is mentally incapacitated, the deadline may be extended.
- Defendant out of state: If the responsible party is temporarily out of California, the statute may pause until they return.
- Delayed discovery: In rare cases, if the injury was not immediately discoverable, the clock may start from the date of discovery.
These exceptions are narrowly applied and often contested, so legal counsel is essential.
Strategic Considerations
Even though the statute allows up to two years, early action is strongly advised. Filing promptly enables:
- Preservation of evidence (e.g., surveillance footage, maintenance logs)
- Timely witness interviews
- Access to medical records and expert evaluations
- Stronger negotiation leverage with insurers
Delays can result in lost evidence, faded memories, and reduced settlement value.
Consequences of Missing the Deadline
Failure to file within the statute of limitations results in:
- Dismissal of the lawsuit
- Loss of legal rights to compensation
- No recovery for medical bills, lost wages, or pain and suffering
Courts strictly enforce these deadlines, even in sympathetic cases. Exceptions are rare and must be legally justified.
Final Thoughts
California’s statute of limitations for slip and fall claims is generally two years, but shorter deadlines apply to government property cases. Victims should act quickly to preserve their rights and maximize recovery. Consulting a slip and fall attorney early in the process ensures compliance with all legal deadlines and strengthens the case.
References
- California Code of Civil Procedure § 335.1. (n.d.). Statute of limitations for personal injury.
- California Government Code § 911.2. (n.d.). Claims against public entities.
- Feher Law Firm. (2025). Slip and Fall Statute of Limitations in California: All You Need to Know. Retrieved from Feher Law Firm
- Cutter Law P.C. (2025). Slip and Fall Statute of Limitations California. Retrieved from Cutter Law
- Nolo. (2024). California Slip and Fall Laws and the Statute of Limitations. Retrieved from Nolo
