What Are Californias Slip and Fall Laws?
April 29, 2024 Posted In Premises Liability
California slip and fall laws establish the legal responsibilities of property owners and occupiers regarding the safety of their premises. These laws generally hold property owners accountable for maintaining safe conditions and warning visitors about potential hazards. Understanding them is critical if you have been injured in a slip and fall accident on someone else’s property, as they outline your legal rights.
Understanding Premises Liability
Premises liability refers to property owners’ legal obligation to maintain safe premises for visitors. In California, property owners must exercise ordinary care to prevent harm to those on their property. This encompasses private and public spaces alike. California Civil Code 1714 underscores this responsibility, emphasizing that:
“(a) Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person…”
In other words, property owners and occupiers must exercise reasonable care in managing their premises, giving slip and fall victims the right to hold them accountable for their failure to do so.
Timelines for Filing a Slip and Fall Claim
Typically, individuals have two years from the date of the accident to file a lawsuit in California. This law is known as the statute of limitations, detailed in California Code of Civil Procedure sections 335.1, which states:
“Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.”
However, if the slip and fall occurred on government property, the window is reduced to six months under Cal. Gov. Code § 911.2:
“(a) A claim relating to a cause of action for death or for injury to person or to personal property…shall be presented…not later than six months after the accrual of the cause of action.”
Establishing Fault
Proving negligence on the part of the property owner is crucial for a slip and fall claim to succeed in California. Plaintiffs (injury victims) must demonstrate that the owner failed to uphold their duty of care or adequately warn of potential hazards. The determination of reasonable care hinges on the specific circumstances of each case.
California also operates under a pure comparative fault system, allowing injured parties to seek compensation even if they are partially at fault for an accident. California Civil Code Section 1714(a) states that:
“Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself.”
Therefore, even if you bear 99% of the blame, you retain the right to file a claim.
Trespassers’ Rights
Generally, trespassers do not have the right to sue if injured on someone else’s property as California Penal Code 602 explicitly states that trespassing is illegal. However, exceptions exist, such as inadequate signage or deliberate hazards. In addition, children, in particular, may have recourse to legal action, as they are not held accountable for their actions in the same manner as adults.