Slip-and-fall accidents can be both dangerous and complex, often leading to serious injuries. These incidents are prevalent in environments with numerous sidewalks, buildings, and commercial properties, such as in Los Angeles, California. When such an accident occurs, the immediate focus may be on recovery and addressing the aftermath. However, remember that the statute of limitations sets a deadline for filing legal action. Understanding this timeline is essential to ensure that victims can seek the compensation and support they deserve.
What is the Statute of Limitations?
The Statute of Limitations refers to a specific period within which a lawsuit must commence to be legally permissible. Another critical aspect of the law that concerns people of equal civil status is the period of limitation, which is the legal period within which one must bring an action against another after the occurrence of an incident. After the expiry of this period, the person has no legal permission to initiate an action to recover their losses. Every state has its own set of rules and regulations regarding the time frame within which various legal proceedings that may be followed can be initiated, whether it is a slip and fall accident or any other personal injury case.
Statute of Limitations for Slip and Fall Accidents in Los Angeles
In slip and fall cases, the personal injury laws of California set the time limit for taking the case to court in the city of Los Angeles. In general, the recording and the usage of the content within the courtroom were permissible under the California Code of Civil Procedure section 335. 1. Depending on the injury sustained, the injured parties have a right to take the civil suit to court within two years from the date of the accident. But first of all, it is essential to remember that nothing in the world is inevitable, and there are some specific outcomes and stipulations that people should be aware of.
Discovery Rule
There is a significant exception to the general rule that a two-year statute of limitation applies; this is the discovery rule. This rule applies when the victim sustains the injury and the sign of the injury is not easily noticeable at the accident scene. For instance, if a person falls and suffers some injury due to a dangerous condition that was present on the premises, but they may not feel the full impact of the fall harm until later, then the two-year clock starts ticking from when the person knew or should know that they were injured.
Government Entities and Public Properties
It’s important to note that if a slip-and-fall accident occurs on government property or public domain, such as a city-maintained sidewalk, special rules apply. In general, the statute of limitations in California is thirty-six months. However, when seeking compensation from a government entity, the claim must be filed within six months. It’s crucial to be aware of these specific conditions and mechanisms, as they can vary and significantly impact the case.
Steps to Take After a Slip and Fall Accident
Given the time-sensitive nature of the statute of limitations, it’s crucial to take specific steps promptly after a slip and fall accident:
- Seek Medical Attention: It only takes one injury of the minor kind, but it is always advisable to check the injury’s severity and get records.
- Report the Incident: Take a report to the owner, management, or the relevant authorities in charge of the building. Ask the person in charge to give you a copy of the incident report for reference.
- Gather Evidence: Photographic evidence: It is advisable to take pictures of the accident scene, or as some call it, the ‘moving violation,’ including the hazardous condition that led to the fall and of the injury, if visible. In this case, the officer must take the contact information of the witnesses involved in the accident.
- Please consult with an Attorney: It is helpful to seek the help of a personal injury attorney specializing in slip and fall accident cases. Your lawyer will be able to give you some recommendations on your legal rights and steer you in the right direction to the applicable procedures.
CONCLUSION
When an L.A. resident or city visitor slips and falls, knowing the statute of limitations helps safeguard their rights and ensures timely filing of claims for proper compensation. Most personal injury cases have a two-year deadline for filing a lawsuit, but again, one should take time, especially if one is unsure of the law. Learning the basics about the legal system can help you be more confident throughout the process and strive for a proper justice attitude.