What is the deadline for filing a slip and fall lawsuit in California?
For most personal injury cases, you have two years from the date of the injury to file a lawsuit. However, an exception exists for falls on government property, such as a public park, sidewalk, or government building. In these situations, you must file a formal claim with the correct government agency within just six months of the incident.
What if I don’t feel much pain right after the fall?
It’s very common for pain and other symptoms to appear hours or even days after an accident. Adrenaline can mask injuries initially. That’s why it’s a good idea to see a doctor after any fall, even if you think you’re fine. Seeking prompt medical care links your injuries directly to the incident, which is important for your claim.
Do I have a case if I fell at a friend’s house?
Potentially, yes. A homeowner has a responsibility to warn guests about any known dangers on their property that are not immediately obvious. A claim would typically be filed against their homeowner’s insurance policy, not against your friend personally.
What if I was looking at my phone when I fell?
The insurance company will almost certainly argue that your distraction makes you partially responsible. Under California’s comparative negligence rule, this may reduce your final compensation, but it does not prevent you from recovering damages. A property owner’s duty to keep their premises safe doesn’t disappear just because visitors might be distracted.
Can I still file a claim if there were no witnesses?
Yes. While witnesses are helpful, they are not required. A strong case can be built using other forms of evidence, such as photographs of the hazard, your medical records documenting the injuries, and even expert testimony about the dangerous condition of the property.
