In California, the statute of limitations for a slip and fall is generally two years from the date of the accident. Missing this deadline usually means you lose the right to sue for damages. However, exceptions may apply: For example, if the accident victim was a minor at the time, if the defendant is a government entity (which typically shortens the filing window), or if the injury wasn’t discovered right away.
If your claim falls within the statute of limitations or there are extenuating conditions, a Los Angeles slip and fall attorney at Salamati Law can help you receive the compensation you deserve for your injuries. Schedule a free consultation today.
Exceptions to the California Statute of Limitations
Under certain circumstances, the two-year statute of limitations is extended, including:
Delayed Discovery
Some injuries are not apparent immediately. Perhaps what did not appear to be a serious injury at the time ends up causing disability. For instance, you might slip and fall, feel only minor soreness initially, and assume it’s nothing serious. Months later, however, you develop chronic back pain or a herniated disc that limits your mobility and ability to work.
The statute of limitations begins on the day of discovery. Generally, delayed discovery only lengthens the statute of limitations for a short duration — only adding the time it reasonably took to identify the injury.
Minor Victim
If the victim is under 18 at the time of the injury, the statute of limitations is temporarily suspended, or tolled. Once the victim turns 18, they have until their 20th birthday to file a personal injury lawsuit.
Lacking Legal Capacity
If an accident victim cannot make the legal decisions required to pursue a lawsuit, the statute of limitations is tolled until they regain capacity. For example, if a person suffers a traumatic brain injury in a fall and is temporarily unable to understand or manage their legal rights, the filing deadline may be paused until they recover. In California, however, this tolling cannot extend beyond five years.
Government Properties
If your slip and fall occurred on any property owned by a government entity, the statute of limitations is much shorter. Such entities include properties owned and operated by the local, county, state, or federal government:
- Public health care systems
- Public schools
- Public universities
- Public utilities
- Transit authorities
In most instances, you must first file an administrative claim within 6 months of the injury. If the claim is denied, you have 6 months from the date of denial to file a lawsuit.
Why You Should Consult a Slip and Fall Attorney As Soon As Possible
Consulting a Los Angeles slip and fall attorney soon after the injury can make all the difference in the outcome of your claim. Evidence in a slip and fall claim can vanish quickly, so time is of the essence. In addition, some accident victims may be unaware that their slip and fall occurred on public property. Approximately 46 percent of California’s land area is owned by the federal government alone.
Schedule a Free Consultation
If you were injured in a slip and fall accident due to owner negligence, you need the services of an experienced Los Angeles slip and fall attorney at Salamati Law. Schedule a free, no-obligation consultation today. We work on a contingency basis, so there are no legal fees unless you receive compensation.
