In California, most private-property slip-and-fall lawsuits have a two-year deadline under Code of Civil Procedure section 335.1. If a public entity owns or operates the property, you generally must present a written claim within six months under Government Code section 911.2.
Key Takeaways
- Most private-property injury actions have a two-year limit under CCP § 335.1.
- A public-entity claim generally must be presented within six months under Gov. Code § 911.2.
- A written rejection generally starts a separate six-month lawsuit deadline under Gov. Code § 945.6(a)(1).
- A late-claim application may be made within a reasonable time, no later than one year after injury, under Gov. Code § 911.4.
A fall on a walkway near Hollywood Boulevard, inside a privately operated shop, or at a public facility in Los Angeles can raise different filing deadlines. This guide helps you identify which clock may apply before time or evidence is lost. It explains private-property claims, the public-entity claim process, and practical ways to identify who owned or operated the location. The filing rule depends on the responsible entity, not simply the neighborhood where the fall occurred.
Identify the owner and operator first
Before calculating a deadline, determine whether the location was private, public, or operated under a public arrangement. A city sidewalk, county facility, Metro property, LAUSD campus, Caltrans property, or state facility may involve a public entity. A fall at a privately controlled building generally follows the ordinary personal-injury deadline. More than one entity can have a role, so do not assume the visible business or landlord is the only possible defendant.
Record the exact address and the precise area where you fell. Look for signs, receipts, incident-report information, and maintenance contacts. Ask who controlled the walkway, floor, stair, or common area and who handled repairs or inspections. Ownership, operation, and control are facts to investigate; a property’s proximity to a public road does not alone establish public ownership. California’s ordinary-care rule for property management appears in Civil Code § 1714(a), but that duty does not determine the filing deadline.
Private-property falls: the ordinary two-year rule
For most personal-injury actions arising from another person’s wrongful act or neglect, California provides two years under Code of Civil Procedure § 335.1. That is the general deadline for a private-property fall described in the verified facts. Treat it as a filing deadline, not a reason to wait: video, witnesses, and inspection records can become unavailable much earlier.
Do not assume that ongoing treatment, insurance discussions, an incident report, or a property manager’s investigation pauses the clock. The supplied facts do not establish that any of those events extends or suspends the two-year period. Write down the injury date and have a lawyer verify the deadline based on the actual defendants and facts. If public ownership is possible, do not rely on the ordinary two-year period while that question remains unresolved.
Public-property falls require a written claim first
A written claim generally must be presented to the public entity within six months of injury or death (Government Code § 911.2(a)). Public entities identified in the verified facts include cities, counties, Metro/LA Metro, LAUSD, Caltrans, and the State of California. This is a pre-lawsuit claim step, different from the ordinary two-year private-property limit.
Identify the exact agency responsible for the location. The facts supplied do not list each agency’s claims address, form, or accepted delivery methods, so check current instructions for the correct entity before submitting. Keep a complete copy and proof of delivery. An employee conversation or ordinary incident report is not identified in the verified facts as a replacement for presenting the required written claim.
After a public entity receives the claim
If the entity rejects the claim in writing, a lawsuit generally must be filed within six months of the rejection notice (Government Code § 945.6(a)(1)). Save the complete notice and record when it arrived. Do not treat every request for information or acknowledgment as a rejection; have counsel review the actual document.
If no written rejection was ever sent, the two-year general limit applies under Government Code § 945.6(a)(2). The two paths are different, so track the date and type of every communication. A late-claim application may be made within a reasonable time, but no later than one year after injury, under Government Code § 911.4. It is not an automatic extension, and the verified facts do not set out grounds for relief.
A deadline does not prove the premises claim
Meeting the deadline preserves a procedural opportunity; it does not establish that the property owner was negligent. CACI 1003 addresses whether a condition created an unreasonable risk, whether the defendant knew or should have known of it, and whether the defendant failed to repair, protect, or warn. Those merits questions are separate from the filing calendar.
Likewise, a compelling injury or a detailed report does not excuse a missed public claim. If a public entity and private contractor may both have roles, do not assume notice to one automatically notifies the other; the supplied sources do not establish a cross-notice rule. List each possible defendant, the basis for including it, and the process that may apply. Get legal advice early if ownership is disputed.
Special situations should be checked, not guessed
Public ownership, operation, or control changes the standard timeline described here. A claim involving a public sidewalk, transit property, school, or government building may trigger the six-month claim process even though the injury occurred in a familiar commercial area. A private contractor’s involvement does not by itself tell you whether the public-entity rule applies; identify the entity and confirm the facts.
The provided legal facts give a late-claim application window but do not list every possible tolling doctrine or exception. Do not insert a minor deadline or another exception based on general internet advice without verifying it for this case. Preserve all dates and allow counsel to identify any rule that applies. When uncertain, calendar the earliest plausible date and investigate rather than waiting for perfect information.
What to do in the first days
Write down the date, time, location, and exact condition. Photograph the hazard, lighting, warnings, and approach; get witness names; ask for a copy of the incident report; and keep shoes and clothing in their current condition. The verified premises guidance recommends a preservation letter to the property owner’s counsel within 48 hours, identifying video, inspection logs, prior complaints, and other relevant records.
Create a simple deadline table with the injury date, any six-month public claim date, submission date, any written rejection date, and possible lawsuit dates. Confirm the owner and agency and check current claims instructions. Preserve proof of all requests and submissions. A lawyer can verify the calculation and identify whether a public entity, private party, or both may be involved.
Keep a paper trail for every step. Store the incident report, photographs, claim, delivery confirmation, agency response, and any rejection notice in one dated folder. Write down who provided each document and when. If a response arrives by mail, retain the envelope as well as the letter; if it arrives electronically, keep the original message. This simple record helps distinguish the date of a claim submission from the date of a later notice, two different events that can control different deadlines.
When the property has both a public owner and a private operator, make a separate list of each entity and the facts connecting it to the location. The verified rules establish a six-month claim requirement for a public entity, but do not say that a claim against one party automatically covers another. Do not treat an operator’s insurance communication as notice to the government or assume that a government claim names every contractor. Have counsel identify the entities and applicable procedures early.
Use a calendar that gives more than one reminder before each possible deadline. Enter the injury date, the public claim date if applicable, the date the claim was presented, and any written rejection date. Set reminders well ahead of the earliest date so there is time to collect documents and confirm submission instructions. Calendar entries are useful safeguards, but the actual document and governing rule should be checked before a filing is prepared.
The public claim and the injury investigation can proceed at the same time. You may still be seeking medical care or trying to learn who maintained the area while the six-month period approaches. Preserve evidence now and seek advice without waiting for every question to be answered. The claim deadline does not depend on having a complete account of fault, and the available facts do not say that an investigation pauses it.
For a private claim, the two-year rule is not a target date for first contacting a lawyer. A delay can make it harder to identify witnesses or locate records even if the lawsuit deadline has not passed. For a public claim, a missed six-month date may require a late-claim application under § 911.4, and the one-year outer limit does not automatically extend the deadline. Early review preserves options without promising a result.
When you discuss the fall, distinguish the date of injury from the date you discovered a later detail about ownership. The verified facts state the general deadline from the injury and do not provide a general discovery-rule exception for premises cases. Do not recalculate the deadline based on a later conversation, repair, or diagnosis unless counsel confirms a rule applies. Keep the event date and later discovery dates documented separately.
Los Angeles County context
Most personal-injury cases arising in Los Angeles County are filed in Los Angeles County Superior Court; the exact courthouse assignment should be confirmed for each case; Los Angeles County Superior Court; the exact courthouse assignment should be confirmed for each caseis one example named by the firm. A private-property fall generally has a two-year period under Code of Civil Procedure § 335.1. A public-entity claim generally must be presented in writing within six months under Government Code § 911.2; a written rejection generally gives six months to sue under § 945.6(a)(1), while no written rejection invokes the two-year rule in § 945.6(a)(2). Confirm the precise owner or agency and follow its current claim instructions.