Legally, property owners are required to exercise reasonable care for all that enter the property to prevent serious accidents and injuries. This means they must maintain safe premises, remedying any unsafe property conditions promptly. This also means property owners must display proper signage warning visitors of the potential hazard. If property owners fail to uphold their legal duty, they can be held liable for any damages that occur as a direct result of their negligence. If you have been seriously injured as a result of a property owner’s negligence, it is imperative to understand the legal timeframe you have to file a claim to seek monetary compensation for your losses stemming from the accident. Keep reading to learn how long you have to file a premises liability claim in California and discover how an adept Santa Clara County Slip and Fall Accident Attorney can help you understand your legal options.
Is there a legal time limit for filing a premises liability claim in California?
If you are someone who has been injured on someone else’s property due to negligence, you are within your rights to pursue legal action to collect compensation for your economic and non-economic damages. However, you must file a claim within the statute of limitations. Essentially, the statute of limitations puts a deadline on how long victims have to take legal action against a negligent party. In California, if you are injured in a slip and fall accident you have two years from the date of the accident to file a premises liability claim. If you fail to file a claim within this timeframe you will relinquish your right to obtain compensation for your injuries in the future. However, it is important to note that if you sustained an injury on state or city-owned property the statute of limitations timeframe is shorter as you must file a Notice of Claim. Essentially, the California Tort Claims Act allows individuals to bring a claim against a government agency. However, to do so, you must file a Notice of Claim with the municipality within six months of the date of the accident. Filing a Notice of Claim is notifying the government agency that you wish to pursue a civil lawsuit.
Once you have filed a claim against another party, you will be required to fulfill the burden of proof. The court will require you to prove that the property owner knew or should have reasonably known about the unsafe property conditions that caused your injuries. Essentially, you will have to prove that your injuries were directly caused by the property owner’s negligence.
To ensure you file a claim within the right timeframe to collect reasonable compensation for your losses stemming from a slip and fall accident, it is in your best interest to retain the legal services of a skilled Santa Clara County slip and fall accident attorney. Sustaining an injury on a seemingly safe property can be overwhelming as it can happen in the blink of an eye. Don’t navigate this complex legal process alone, let our firm represent your interests today!