California Premises Liability Statute of Limitations: Two Years Under CCP § 335.1
Reviewed and current as of August 31, 2026. California law can change; verify against the current statute before relying on any date.
A premises liability claim for bodily injury — a slip and fall, an unsafe condition, negligent security — is an action for injury caused by the wrongful act or neglect of another, and must generally be filed within two years of accrual.
If the property is owned by a public entity, a written claim must first be presented within six months.
Source: California Code of Civil Procedure section 335.1; Government Code section 911.2 for public entities (as of August 31, 2026).
What the statute says
Premises liability has no limitations statute of its own. It is a negligence theory, so it takes the period in Code of Civil Procedure section 335.1 for “an action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another” — two years. The theory of liability (dangerous condition, failure to warn, negligent security) does not change the period; the nature of the harm does.
Where the same incident damages personal property as well, that portion is governed by the three-year period in section 338, and the two claims can expire on different dates.
When the clock starts
Accrual is generally the date of the injury-causing incident, since premises injuries are usually immediately apparent. The discovery rule matters less here than in latent-injury cases, but can still apply — for example, where the causal role of a concealed structural defect was not reasonably knowable. Whether a plaintiff was on inquiry notice is fact-specific.
Key exceptions and tolling
- Public-entity premises.A fall on city, county, school district, or state property requires a Government Code section 911.2 claim, generally within six months of accrual. This is the deadline that most often bars an otherwise timely premises case.
- Minors and incapacity.Under Code of Civil Procedure section 352, the period of a plaintiff's minority or lack of legal capacity at accrual is generally not counted, subject to statutory limits and to the different rules for public entities.
- Property damage from the same incident.Injury to goods or chattels carries the three-year period in section 338(c), and trespass or injury to real property the three-year period in section 338(b).
- Defendant absent from the state.Code of Civil Procedure section 351 generally excludes a defendant's periods of absence from the state, though case law has limited its reach in some interstate contexts.
- Dangerous condition of public property.Claims under Government Code section 835 remain subject to the claims-presentation requirement; the substantive theory does not relieve the six-month deadline.
Frequently asked
How long do you have to file a slip and fall lawsuit in California?
Generally two years from the date of injury under Code of Civil Procedure section 335.1. If the fall occurred on public property, a written claim must generally be presented to the entity within six months under Government Code section 911.2 before suit. This is general information, not legal advice.
Is premises liability a different deadline from personal injury in California?
No. Premises liability is a negligence theory and takes the same two-year period in section 335.1 that governs personal injury generally. What changes the deadline is the identity of the defendant — particularly a public entity — not the theory pleaded.
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Not legal advice. This page is general information for licensed attorneys and is not a substitute for independent legal research or professional judgment. It does not address the facts of any specific matter. Statutes, case law, and court rules change; tolling, the discovery rule, equitable estoppel, and claims involving minors, government entities, or out-of-state defendants can all change the applicable deadline. Confirm every date against the current text of California Code of Civil Procedure section 335.1 and Government Code section 911.2 and controlling case law. Using this page does not create an attorney-client relationship.
Statutory citations current as of August 31, 2026.