Slip and fall claims: care and next steps in California

The statute of limitations for personal injury claims in California is two years from the date of injury under Code of Civil Procedure § 335.1. Claims against government entities are subject to the California Government Claims Act (Gov. Code § 910 et seq.), which requires filing a written claim with the responsible public agency within six months of the incident. Failure to present a timely government claim bars the plaintiff from filing suit. After written notice of claim rejection, the plaintiff has six months to file suit; if no written notice is given (including when the claim is deemed rejected after 45 days without action), suit must be filed within two years of the accident. The discovery rule may toll the limitations period when the plaintiff could not have reasonably discovered the injury.

California follows the pure comparative fault doctrine established in Li v. Yellow Cab Co. (1975). A plaintiff's damages are reduced in proportion to their own percentage of fault, regardless of how great that fault may be. Even a plaintiff found 99% at fault may recover 1% of their damages. This rule applies in slip-and-fall cases where defendants frequently argue the plaintiff was inattentive, wearing inappropriate footwear, or ignored visible hazards. Fault is apportioned among all parties, including absent or non-party defendants, on the verdict form.

Snow and ice removal is not a significant issue across most of California, though landlords in mountain communities may have heightened duties under local ordinances. Retailers and commercial landlords face ongoing inspection duties for wet floors, spilled merchandise, and parking lot defects. California courts have held that a property owner's actual or constructive notice of a dangerous condition is an essential element of a slip-and-fall claim; constructive notice is established by showing the condition existed long enough that a reasonable inspection would have discovered it.