Slip and Fall Statute of Limitations in California
Last verified 2026-07 · Source: Cal. Civ. Proc. Code § 335.1 ✓ verified · 3 sources
The deadline
2 years
from Date of injury, under Cal. Civ. Proc. Code § 335.1.
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The deadline to file a slip and fall lawsuit in California is 2 years, set by Cal. Civ. Proc. Code § 335.1. It starts running on Date of injury. This page covers the exceptions, the government-claim trap, and the steps to take before time runs out.
California Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Slip and Fall | 2 years | Cal. Civ. Proc. Code § 335.1 |
| Car Accident | 2 yrs | Cal. Code Civ. Proc. § 335.1 |
| Credit Card Debt | 4 yrs | Cal. Civ. Proc. Code § 337(a) |
| Medical Malpractice | 3 yrs | Cal. Code Civ. Proc. § 340.5 |
| Wrongful Death | 2 yrs | Cal. Civ. Proc. Code § 335.1 |
| Personal Injury | 2 yrs | Cal. Code Civ. Proc. § 335.1 |
| Dog Bite | 2 yrs | Cal. Civ. Code § 3342 (strict liability); SOL: Cal. Code Civ. Proc. § 335.1 |
| Defamation | 1 yr | Cal. Code Civ. Proc. § 340(c) |
| Breach of Contract | 4 yrs | Cal. Code Civ. Proc. § 337 |
| Medical Debt | 4 yrs | Cal. Code Civ. Proc. § 337 |
When the Clock Starts
In California, the limitations period for slip and fall injury claims generally begins on Date of injury. California recognizes a discovery rule for this claim type: California's delayed discovery doctrine may toll the SOL in cases where the plaintiff could not have reasonably discovered the injury or its cause through the exercise of reasonable diligence.
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Exceptions That Can Extend the Deadline
- Minors: the clock is generally paused while the injured person is under 18.
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
- Government-claim trap: 6-month claim presentation to the public entity required before any lawsuit (Gov. Code § 911.2); failure to timely present the claim bars the lawsuit entirely; the claim must state approximate time, place, and circumstances of the injury
California imposes a strict 6-month government tort claim filing requirement for falls on any public property (school, sidewalk, park, transit). For private property, the 2-year period runs from the date of injury. Minor tolling suspends the SOL until age 18, maximum 8 years.
Source: Cal. Civ. Proc. Code § 335.1, official California statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for California government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How California Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| California | 2 years | Cal. Civ. Proc. Code § 335.1 |
| Oregon | 2 yrs | Or. Rev. Stat. § 12.110(1) |
| Nevada | 2 yrs | Nev. Rev. Stat. § 11.190(4)(e) |
| Arizona | 2 yrs | A.R.S. § 12-542 |
Frequently Asked Questions
How long do I have to file a slip and fall lawsuit in California?
You have 2 years from Date of injury, under Cal. Civ. Proc. Code § 335.1.
Can I still sue after 2 years in California?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (the discovery rule, tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
Does the discovery rule apply to slip and fall injury claims in California?
Yes. California's delayed discovery doctrine may toll the SOL in cases where the plaintiff could not have reasonably discovered the injury or its cause through the exercise of reasonable diligence.
What if the victim was a minor?
California generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.
Is the deadline different for claims against the government?
6-month claim presentation to the public entity required before any lawsuit (Gov. Code § 911.2); failure to timely present the claim bars the lawsuit entirely; the claim must state approximate time, place, and circumstances of the injury
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Sources
- Official Cal. Civ. Proc. Code § 335.1 — California Legislature
- Corroborating California Personal Injury Laws — Nolo
- Corroborating Cal. Civ. Proc. Code § 335.1 — Justia
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed California attorney.