California Premises Liability Statute of Limitations (2026): Deadlines, Exceptions, and Recovery Path
- Tom Feher, Esq.
The California premises liability statute of limitations is two years from the date of injury for personal injury claims under Code of Civil Procedure section 335.1, and three years for property damage claims under Code of Civil Procedure section 338. If the property owner is a public entity (city, county, state agency, or school district), a six-month government claims deadline under Government Code section 911.2 applies before any lawsuit can be filed.
In our practice handling California premises liability cases, the single most common reason claimants lose meritorious cases is missing the government claims deadline. The six-month window catches many people unaware, particularly when the injury occurred on a sidewalk, in a public park, or at a transit facility.
Key Takeaways
- Personal injury claims: 2 years from the date of injury (CCP 335.1).
- Property damage claims: 3 years from the date of damage (CCP 338).
- Public-entity claims (city/county/state property): 6 months under Government Code 911.2 – administrative claim must be filed before suit.
- Minors: Statute tolled until the minor turns 18 under CCP section 352.
- Discovery rule: If the injury or its cause was not reasonably discoverable, the clock runs from discovery, not from the incident.
Free Case Evaluation – Available 24/7
If you were injured on someone else’s property in California, the clock is already running. Call (310) 340-1112 – Available 24/7, no fee unless we win.
California Premises Liability Filing Deadlines (2026)
Which deadline applies depends on the property owner type and the type of damages claimed. Missing the applicable deadline permanently bars the claim under California law.
| Property Type | Personal Injury Deadline | Property Damage Deadline | Special Rules |
|---|---|---|---|
| Private commercial (retail, restaurant, hotel) | 2 years (CCP 335.1) | 3 years (CCP 338) | Standard tort claim |
| Private residential (apartments, homes) | 2 years (CCP 335.1) | 3 years (CCP 338) | Habitability + premises overlap possible |
| Public entity (city, county, state, school district) | 6 months claim + 2 years suit | 6 months claim + 3 years suit | Gov Code 911.2 administrative claim required first |
| Federal property (post office, VA hospital, federal park) | 2 years (FTCA) | Variable | Federal Tort Claims Act process |
| Minor plaintiff (under 18) | Tolled until 18 + 2 years | Tolled until 18 + 3 years | CCP 352 tolling |
| Wrongful death | 2 years from date of death | n/a | CCP 377.60 + 335.1 |
Past results do not guarantee future outcomes. Every case is evaluated on its specific facts under California law.
The Six-Month Government Claims Deadline (the most-missed deadline)
California premises liability claims against a public entity (any state, county, city, or special-district property) require an administrative claim to be filed within six months of the injury under Government Code section 911.2. This is not the same as filing a lawsuit. It is a prerequisite step that puts the public entity on formal notice and allows them to investigate and respond before any lawsuit can be filed.
Common scenarios that trigger the six-month deadline:
- Slip and fall on a city sidewalk or trip on a raised section of pavement
- Injury at a city park, public swimming pool, or recreational facility
- Slip and fall at a public library, courthouse, or DMV office
- Injury on Metro, OCTA, or other public transit property
- Slip and fall at a public school or community college
- Injury at a state-operated beach, hiking trail, or visitor center
If the public entity rejects the claim (or fails to respond within 45 days, which is treated as rejection), the claimant then has six months from the rejection notice to file a lawsuit. The two-year personal injury statute of limitations applies as a hard outer ceiling – even with administrative exhaustion, the lawsuit must be filed within two years of the injury under CCP 335.1.
If you miss the six-month deadline, a late-claim relief petition is available under Government Code section 911.4 in limited circumstances (physical or mental incapacity, mistake of fact regarding the entity’s involvement, etc.). The petition must be filed within one year of the accident and is granted at the entity’s discretion. Most late-claim petitions are denied. Acting within the six-month window is far more reliable.
Was your injury on public property?
The six-month government claims deadline is the most-missed deadline in California premises liability practice. Call (310) 340-1112 – Available 24/7, no fee unless we win.
Tolling Exceptions That May Extend the Deadline
Several California statutes extend (toll) the deadline beyond the standard two-year window in specific circumstances:
Minor plaintiffs (CCP section 352). If the injured party was under 18 at the time of the incident, the statute of limitations is tolled until the minor turns 18. The personal injury clock then runs for two years, giving the now-adult plaintiff until age 20 to file. This tolling does NOT extend the six-month Government Claims Act deadline, which still applies and must be met by a parent or guardian on behalf of the minor.
Mental incapacity (CCP section 352). If the injured party was incompetent or unable to manage their affairs at the time of injury (severe TBI, coma, etc.), the statute is tolled during the period of incompetence. The clock starts running when competence is restored.
Defendant out of state (CCP section 351). If the defendant resides outside California for any period after the injury, that time is excluded from the limitations calculation.
Discovery rule. If the injury or its cause was not reasonably discoverable at the time of the incident (e.g., a latent injury that emerges later, or a hidden property defect), the clock runs from when the plaintiff knew or should have known of the injury and its cause. This rule applies narrowly and the defense routinely contests it.
Fraudulent concealment. If the defendant actively concealed material facts about the cause of injury, equitable tolling may apply. This is fact-specific and requires affirmative concealment, not mere silence.
Why Acting Within 30 Days Protects Your Case
Even when the statutory deadline is years away, the value of a California premises liability case degrades quickly without prompt action. Key evidence has a short shelf life:
Surveillance footage. Retail stores, hotels, and commercial properties retain video typically for 7 to 90 days. Without an immediate preservation letter, the footage capturing your fall is routinely overwritten under the property’s document-retention policy.
Incident reports. Properties often produce incident reports immediately after an injury but those reports become harder to obtain over time as personnel turn over and document-retention windows expire.
Witness memory. Witnesses recall hazards, weather, lighting, and timeline accurately within the first 30 to 60 days. Memory degrades significantly after 6 months and is often unreliable past one year.
Maintenance records. Sweep logs, floor-condition checks, repair records, and complaint logs are usually retained 1 to 3 years. A spoliation letter sent within 30 days of the injury preserves these records.
Medical documentation. Same-day or next-day medical evaluation creates contemporaneous causation evidence. Plaintiffs who wait weeks or months to seek treatment create evidentiary gaps that carriers exploit to argue the injury was unrelated to the fall.
What to Expect When You Work With Feher Law
- Free initial consultation. We review the incident facts, applicable deadlines, identifying the property owner type (private vs public), and any documentation you have. No obligation, no fee.
- Deadline calculation and protection. We immediately identify the applicable statute of limitations and any government claims deadlines. If a public-entity claim is required, we draft and file the administrative claim within the six-month window.
- Evidence preservation. We send spoliation letters to property owners, request surveillance footage, document the hazard with our own photographs and witness interviews. Costs advanced by the firm.
- Demand and litigation. Formal demand letter to the property owner’s carrier. Lawsuit filed before the statutory deadline if settlement is not reached.
- Resolution and recovery. Settlement funds distributed after case costs and contingency fee. You pay nothing unless we win. Under Business and Professions Code section 6147, rates are 33% pre-litigation, 40% after lawsuit filed.
Why California Premises Liability Clients Choose Feher Law
Thomas Feher, Esq. founded Feher Law APC in 2019 after a decade as a senior trial attorney. He has tried 50+ jury trials to verdict, holds an Avvo Rating of 10.0, and has been named Super Lawyers 2022-2026. The firm’s case results across personal injury and catastrophic injury practice areas include the $14.6M Simone v. Estate of Bruce Jameson catastrophic spine verdict and total recoveries exceeding $150 million for California clients. We move quickly on premises liability cases because deadlines matter and evidence degrades quickly. We accept complex premises cases (public-entity claims, multi-defendant scenarios, products-liability overlap) that other firms turn down.
Don’t Let a Deadline Foreclose Your Claim
California premises liability deadlines start running on the day of the injury. Call (310) 340-1112 – Available 24/7, no fee unless we win.
Frequently Asked Questions
California's personal injury statute of limitations under Code of Civil Procedure section 335.1 gives you two years from the date of injury to file a lawsuit. Property damage claims have three years under CCP section 338. If the property owner is a public entity, a six-month administrative claim under Government Code section 911.2 is required before suit.
The two-year deadline is the personal injury statute of limitations for private property owners. The six-month deadline is the Government Claims Act administrative claim requirement for public entities (city, county, state, school districts). The administrative claim must be filed within six months of the injury. After the entity rejects (or fails to respond within 45 days), the claimant has six months from rejection to file a lawsuit, capped by the two-year outer deadline under CCP 335.1.
California Code of Civil Procedure section 352 tolls the personal injury statute of limitations until the minor turns 18. The clock then runs for two years, giving the now-adult plaintiff until age 20 to file. This tolling does NOT extend the six-month Government Claims Act deadline, which must still be met by a parent or guardian on behalf of the minor.
A late-claim relief petition is available under Government Code section 911.4 in limited circumstances (physical or mental incapacity, mistake about the entity's involvement, etc.). The petition must be filed within one year of the accident. Most late-claim petitions are denied. If granted, the claim proceeds. If denied, the public-entity claim is foreclosed permanently.
The discovery rule applies in narrow circumstances. If the injury or its cause was not reasonably discoverable at the time (latent injury that emerged later, hidden property defect that caused the harm), the clock runs from when the plaintiff knew or should have known of the injury and its cause. The defense routinely contests application of the discovery rule, so acting promptly is always safer than relying on it.
For private-property cases, yes - the two-year personal injury deadline gives you time. But evidence quality has degraded significantly: surveillance footage may be gone, witness memory has faded, maintenance records may have been routinely destroyed. Early counsel involvement preserves the case at full value. For public-entity cases, if you waited past the six-month claims deadline, the late-claim relief process is your only remaining option and has a low success rate.
California has narrow rules on liability waivers. Pre-injury releases for ordinary negligence may be enforceable on recreational facilities (gyms, ski resorts, etc.) under Tunkl v. Regents factors, but releases for gross negligence or for inherently dangerous conditions are generally unenforceable. Signs alone (without a signed release) do not bar premises liability claims. An attorney can evaluate whether a specific release is enforceable in your case.
Most California premises liability cases settle before trial through negotiation, mediation, or pre-trial conference. The trial threat is what produces strong settlements: when defendants know plaintiff counsel will actually try the case, settlement values rise. Tom Feher has tried more than 50 jury trials to verdict, including a $14.6 million catastrophic injury verdict.
Ready to Talk to a California Premises Liability Lawyer?
Feher Law has recovered over $150 million for California clients. Call (310) 340-1112 – Available 24/7, no fee unless we win.
Notable Recent Settlements
Examples of California cases Feher Law has resolved on behalf of clients in personal injury and premises liability practice areas:
- $14.6M – Catastrophic Spine Injury (Simone v. Estate of Bruce Jameson)
- $7M – Civil Rights Verdict
- $4.2M – Car Accident / Back Injury
- $2.5M – Multi-System Injury Settlement
Past results do not guarantee future outcomes. Every case is evaluated on its specific facts under California law.
Estimate your case value: Use our free Slip and Fall Settlement Calculator for a quick estimate, or speak directly with a California premises liability lawyer for a personalized review.
Last reviewed by Thomas Feher, Esq. – May 2026
