Slip and Fall — California

Slip and Fall in California — Your Legal Rights

California premises liability law governs slip and fall cases. Property owners fight these claims aggressively — knowing the rules and acting quickly is essential.

Statute of Limitations

California statute of limitations for slip and fall claims: 2 years from the date of the incident. California has a specific statute (Cal. Code Civ. Proc. § 335.1) providing 2 years for personal injury claims. Claims against California government entities — Caltrans, city sidewalks, state parks — require a government tort claim within 6 months of the incident. Missing this deadline permanently bars the claim.

California Premises Liability — Reasonable Care Standard

California property owners owe a duty of reasonable care to all visitors (Cal. Civ. Code § 1714). California eliminated the traditional invitee/licensee distinction — all lawful visitors are owed the same duty of reasonable care. Trespassers may also recover in some circumstances. California courts focus on whether the property owner acted reasonably under all the circumstances.

California-Specific Tip

California has a specific statute (Cal. Code Civ. Proc. § 335.1) providing 2 years for personal injury claims. Claims against California government entities — Caltrans, city sidewalks, state parks — require a government tort claim within 6 months of the incident. Missing this deadline permanently bars the claim.

📊 Slip and fall accidents are a leading cause of emergency room visits in California.

What To Do After a Slip and Fall in California

1

Report the incident to the property manager immediately and get a written incident report

2

Photograph the hazard, surrounding conditions, lighting, and signage

3

Send a written request to preserve all surveillance footage — most businesses overwrite within 24-72 hours

4

Get witness contact information

5

Seek medical attention within 24 hours

6

Do NOT sign anything from the property owner or their insurer

7

Preserve your footwear and clothing — they are evidence

8

Contact a California premises liability attorney before speaking with the property's insurance company

Frequently Asked Questions — Slip and Fall in California

How long do I have to file a slip and fall lawsuit in California?

2 years from the date of the incident. California has a specific statute (Cal. Code Civ. Proc. § 335.1) providing 2 years for personal injury claims. Claims against California government entities — Caltrans, city sidewalks, state parks — require a government tort claim within 6 months of the incident. Missing this deadline permanently bars the claim.

What must I prove in a California slip and fall case?

You must generally prove the property owner knew or should have known about the hazardous condition and failed to fix it or warn you. California property owners owe a duty of reasonable care to all visitors (Cal. Civ. Code § 1714). California eliminated the traditional invitee/licensee distinction — all lawful visitors are owed the same duty of reasonable care. Trespassers may also recover in some circumstances. California courts focus on whether the property owner acted reasonably under all the circumstances.

How much is a slip and fall case worth in California?

California slip and fall settlements depend on injury severity and strength of liability. Minor injuries may settle for $10,000-$50,000. Serious injuries including fractures, spinal injuries, or traumatic brain injuries can be worth $100,000 or more.

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