Hurt in a fall on someone else's property in California? Premises claims usually turn on whether the owner knew or should have known about the hazard, plus the state's deadline and fault rule.
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California's statute of limitations for personal injury claims, including premises liability, is two years under Cal. Code Civ. Proc. § 335.1. But the deadline to present a claim against a public entity — a city, a county, the state, a transit agency like BART, LA Metro, or MUNI, a public school or hospital — is just six months under Cal. Gov. Code § 911.2. If the claim is rejected, the lawsuit must be filed within six months of rejection under § 945.6. Missing the six-month presentation deadline bars the entire case even though the main two-year statute has not run. California courts strictly enforce it.
California abolished the traditional invitee / licensee / trespasser classifications in Rowland v. Christian, 69 Cal.2d 108 (1968), replacing them with a unified duty of ordinary care analyzed under the multi-factor Rowland test (foreseeability of harm, certainty of injury, connection between conduct and injury, moral blame, prevention of future harm, burden on defendant, and availability of insurance to the defendant). This is a structurally claimant-friendly framework: the plaintiff's status on the property does not dictate the duty owed.
Ortega v. Kmart Corp., 26 Cal.4th 1200 (2001) is the California case every slip-and-fall lawyer knows by heart. The California Supreme Court held that the length of time a dangerous condition existed on a retail floor is a critical factor in establishing constructive notice, and that a retailer's failure to inspect on a reasonable schedule can itself support an inference of constructive notice. In practice, this means sweep logs, floor inspection intervals, and store surveillance video are the central evidence in a California retail slip-and-fall case. A preservation letter to the retailer within days of the fall is essential — chain stores like Target, Walmart, Costco, and Kroger have document retention policies that will destroy sweep logs and video in weeks if not formally preserved.
California's open-and-obvious doctrine is weaker than Pennsylvania's or Texas's. An obviously dangerous condition does not automatically relieve the landowner of duty under California law — the question is whether the harm was still foreseeable under the Rowland factors. Combined with pure comparative fault under Li v. Yellow Cab Co., 13 Cal.3d 804 (1975), this means a plaintiff who was partly at fault for not seeing an obvious hazard can still recover a share of damages from a landowner who failed to fix it.
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The legal information on this page is for general educational purposes only and is not legal advice. Laws change, and every case is different. Always consult with a licensed attorney in your state to verify the current law and how it applies to your specific situation.
Two years under Cal. Code Civ. Proc. § 335.1 for a claim against a private landowner. But if the fall happened on public property — a city, county, state, transit agency (BART, LA Metro, MUNI, OCTA), public school, public hospital, or state park — you have just six months to present a formal claim under Cal. Gov. Code § 911.2. If the claim is rejected, you have six months from the rejection to file suit under § 945.6. Missing the six-month government claim presentation deadline bars the entire case, regardless of how much time remains on the main two-year statute. This is the single biggest trap in California premises liability practice.
Under Rowland v. Christian, 69 Cal.2d 108 (1968), a California landowner owes a general duty of ordinary care to everyone on the property — the traditional invitee/licensee/trespasser distinctions do not apply. The Rowland factors (foreseeability, certainty of injury, connection between conduct and injury, moral blame, prevention of future harm, and burden on the defendant) govern the duty analysis. For retail cases, Ortega v. Kmart Corp., 26 Cal.4th 1200 (2001) is the controlling authority: plaintiff must prove actual or constructive notice of the dangerous condition, and the retailer's inspection interval is a key factor in whether constructive notice can be inferred.
Priority: store surveillance footage (often overwritten in 7-30 days), sweep logs and inspection schedules, employee training records, prior incident reports for the same location, and photographs of the hazard and the surrounding area from the day of the fall. Under Ortega v. Kmart, a retailer's failure to inspect on a reasonable schedule can itself support constructive notice — which makes the sweep log the single most important document in the file. Send a spoliation letter to the property owner within days demanding preservation of video, inspection records, and incident reports. Chain retailers destroy this evidence on routine retention schedules if not formally preserved.
California's open-and-obvious doctrine is weaker than Pennsylvania or Texas. An obvious hazard does not automatically relieve the landowner of duty in California — the Rowland factors still control, and the question is whether the harm was foreseeable even though the hazard was visible. Combined with pure comparative fault under Li v. Yellow Cab Co., 13 Cal.3d 804 (1975), a plaintiff who was partly at fault for not seeing an obvious hazard can still recover a share of damages from a landowner who failed to maintain the property. The exact percentage of fault is a jury question.
All legal information on this page is sourced from primary government statutes. Last verified 2026-04-07.
Rowland v. Christian, 69 Cal.2d 108 (1968)
Unified Reasonableness Standard (Abolition of Invitee/Licensee/Trespasser)
Ortega v. Kmart Corp., 26 Cal.4th 1200 (2001)
Constructive Notice & Inspection Intervals
Cal. Gov. Code § 911.2
6-Month Government Tort Claim Presentation Deadline
Cal. Gov. Code § 945.6
Lawsuit Deadline After Government Claim Rejection
Cal. Code Civ. Proc. § 335.1
2-Year Statute of Limitations (Personal Injury)
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