How Long After a Slip and Fall Can You Sue in California?

Slip and fall accidents can cause serious injuries, including fractures, head trauma, and long-term disabilities. If your fall was caused by unsafe conditions on someone else’s property, California law may allow you to file a personal injury claim. However, your ability to pursue compensation is limited by strict legal deadlines—known as the statute of limitations.

Understanding how long you have to sue after a slip and fall accident in California is critical. If you miss the deadline, you may lose your right to recover compensation, no matter how valid your claim is.

California’s Slip and Fall Statute of Limitations

Under California Code of Civil Procedure § 335.1, the general statute of limitations for personal injury cases—including slip and fall accidents—is:

Two years from the date of the injury.

This means you have two years from the day the slip and fall occurred to file a lawsuit in civil court. If you fail to file within this window, the court will likely dismiss your case.

What If You Didn’t Discover the Injury Right Away?

Some slip and fall injuries, such as traumatic brain injuries or soft tissue damage, may not be obvious right away. In rare situations, the “discovery rule” may apply. This allows the statute of limitations to begin from the date the injury was (or reasonably should have been) discovered—not necessarily the date of the fall.

However, this exception is limited and may require expert medical testimony to justify delayed discovery. Most slip and fall claims are still subject to the two-year window from the accident date.

Special Rule: Slip and Fall on Government Property

If your slip and fall occurred on government-owned property—such as a city sidewalk, public school, or county building—you must follow a separate process under the California Government Claims Act.

You must:

  • File a claim with the government entity within six months of the injury (California Government Code § 911.2)
  • Wait for the entity to accept or reject the claim
  • File a lawsuit within six months of receiving a denial, or within two years of the injury if no response is received

This rule applies to state, county, and city agencies.

Who Can Be Held Liable in a Slip and Fall Case?

Depending on the location and circumstances of the fall, any of the following parties may be legally responsible:

  • Property owners
  • Landlords
  • Tenants or lessees (e.g., store operators)
  • Maintenance companies
  • Government entities

To succeed in a lawsuit, you must prove that the responsible party was negligent, meaning they failed to maintain the property in a reasonably safe condition or failed to warn you of a known hazard.

Why You Should Act Quickly

Even though the statute of limitations may give you up to two years to file, you shouldn’t wait to take legal action. Here’s why:

  • Surveillance footage and eyewitnesses may be lost over time
  • Evidence of the hazard (like a wet floor or cracked pavement) may be repaired or removed
  • Insurance companies may use delays against you to challenge the seriousness of your injury

Speaking to a California personal injury attorney shortly after your accident can help preserve evidence and improve your chances of a successful claim.

Conclusion

In California, you typically have two years from the date of a slip and fall accident to file a personal injury lawsuit. If the fall occurred on government property, the timeline is much shorter—just six months to file a claim. Regardless of where the injury occurred, it’s important to act quickly to protect your legal rights and gather evidence to support your case.

If you’ve been injured in a San Diego slip and fall accident, contact a California premises liability attorney as soon as possible to evaluate your claim and ensure all deadlines are met.

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