What Is the Statute of Limitations for Premises Liability Claims

At Henderson Law, we have years of experience assisting injured victims to recover compensation after premises liability accidents.

When you suffer an injury on someone else’s property in California, you might seek compensation through a premises liability claim. However, you only have a limited time to file a lawsuit. This deadline is called the statute of limitations, which is typically two years from the injury date. Understanding the statute of limitations for premises liability claims and what date applies to your case is crucial. Otherwise, you might not receive any compensation for your injuries if you miss the deadline.

While two years is the standard deadline, exceptions exist. The best way to avoid inadvertently missing the deadline is to contact a California premises liability lawyer as early as possible. At Henderson Law, we’ll review your case and explain the exact deadline for your lawsuit. Read on to learn more about the statute of limitations for a California premises liability claim, exceptions to the two-year deadline, common types of premises liability claims, potential damages you can recover in a premises liability case, and more. 

Understanding the Statute of Limitations for Premises Liability Claims in California

Under California law, you generally have two years from the date of the injury to file a lawsuit. If you fail to file within this timeframe, the judge will probably bar your injury claim, and you could lose your right to seek compensation for your injuries. Two years might seem like a long time, but it can fly by—especially if you are still treating your injuries.

Potential Exceptions to the Standard Two-Year Deadline

In some circumstances, California law provides exceptions to the standard two-year statute of limitations deadline. Examples of these exceptions can include the following:

    • Minor victims – If the victim is under 18 years old at the time of the injury, the clock doesn’t start running until their 18th birthday. That means a minor victim has until their 20th birthday to file a premises liability claim.
    • Mental or legal incapacity – Someone who is not mentally capable or legally capable at the time of the injury could also have a different deadline. The statute of limitations will be paused until the person regains capacity.
    • Fraudulent concealment – If the property owner or defendant intentionally concealed their negligence or wrongdoing, you might have an extension to file a lawsuit.
    • Government-owned property – If your injury occurred on government-owned property, you have only six months to file an administrative claim with the applicable government agency responsible. If the agency denies the claim, you have an additional six months to file a lawsuit.

Don’t risk your compensation by trying to handle your premises liability claim independently. Speak with Henderson Law today to learn more about the statute of limitations for a premises liability claim. 

Common Types of Premises Liability Cases

Premises liability claims in California can arise from various situations, such as:

    1. Slip and fall accidents –  If you slipped or tripped because of a hazardous condition on someone else’s property, the property owner might be liable for your injuries.
    1. Inadequate security – If you suffered injuries due to a criminal act on someone else’s property, and the property owner failed to provide adequate security, they could be liable.
    1. Dog bites – Dog owners are liable for any injuries their dog causes by biting someone in public or lawfully private places.
    1. Swimming pool accidents – Swimming pool accidents and drownings also fall under premises liability laws. If you or someone you love sustained injuries in a swimming pool accident, the property owner could be liable.

These are just a few examples of premises liability cases. If you believe your injuries resulted from a property owner’s negligence, please get in touch with Henderson Law today.

Potential Damages in a Premises Liability Lawsuit

If you can prove a property owner is liable for your injuries, you could be entitled to receive compensation for your damages. Common damages include: 

    • Medical expenses – compensation for past and future medical bills related to your injury, including hospital stays, surgeries, medications, and physical therapy;
    • Lost wages – reimbursement for the income you lost due to your injury, plus any reduction in future earning capacity;
    • Pain and suffering – compensation for the physical pain and emotional distress caused by your injury; and
    • Loss of consortium – compensation for the loss of companionship, care, and affection of your spouse or partner due to the accident.

Recovering the maximum compensation in a premise liability depends on your ability to prove the property owner is responsible. Should you miss the statute of limitations for your case, you won’t receive any money, no matter how strong your liability arguments are.

What to Do After a Premises Liability Accident

If you’ve suffered an injury on someone else’s property, it’s essential to act swiftly and carefully. What you do after an accident can impact your premises liability claim. To protect your interests, keep the following tips in mind:

    • Report the incident – Report the incident to a property owner, store manager, or whoever is the right contact person depending on the circumstances of your accident. Ask for a copy of the incident report if applicable.
    • Document your injuries – Take photographs of your injuries and the accident scene, and keep detailed records of your medical treatments and expenses.
    • Seek medical treatment right away – Don’t wait to see a doctor. The property owner’s insurance company will use any delay in treatment against you.
    • Contact a lawyerConsult an experienced California premises liability attorney who can guide you through the legal process and help you seek the compensation you deserve.
    • Gather evidence – Your attorney will help you gather all relevant evidence, such as surveillance footage, witness statements, and maintenance records, to support your claim.

Be cautious about what you say at the accident scene or to the defendant’s lawyers and insurance company later on because they will be looking for anything that resembles some admission of guilt.

Contact Henderson Law

By following these guidelines and working closely with a skilled California premises liability attorney, you can increase your chances of success in your premises liability claim. Remember, time is of the essence, so act promptly to protect your rights and seek the compensation you deserve for your injuries. At Henderson Law, we have years of experience assisting injured victims to recover compensation after premises liability accidents. Please schedule a consultation with our office to learn more and ensure you haven’t missed the statute of limitations.