Is there a statute of limitations for filing a premises liability lawsuit?

Yes, there is a statute of limitations for filing a premises liability lawsuit in California. A premises liability lawsuit is a type of legal action that is taken against a property owner or occupier who has allowed conditions that have caused someone to be injured on their premises. In order to file a premises liability lawsuit in California, the injured person must file the claim within two years of the date of the accident. This time frame is set forth in the California Code of Civil Procedure section 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.” If the injury is not caused by someone’s wrongful act or neglect, then the two-year timeline does not apply and the injured person must adhere to the standard statute of limitations for negligence lawsuits which is three years. This means that the injured person must file their lawsuit within three years of the date of the incident. In any case, it is important to consult a lawyer and file a premises liability lawsuit as soon as possible after the injury occurs. This is because witnesses may have a better recollection of the incident while it is still fresh in their minds, evidence may still be available, and filing the lawsuit within the statute of limitations is also necessary in order for the case to be treated as valid.

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