California Personal Injury Laws

California personal injury laws provide the legal framework for imposing liability for injuries caused by the careless, reckless, or intentional acts or omissions of others. Understanding these laws and your rights is essential if you have been injured and are considering legal action.

Most personal injury claims in California are based on the legal concept of negligence. Negligence occurs when there is a failure to exercise reasonable care to prevent harm, and harm is caused. When determining the outcome of a personal injury case, jurors consider what actions an individual in similar circumstances would reasonably be expected to take.

Here are some key California personal injury laws that may impact your claim.

California Car Accident Laws

California’s car accident laws are designed to address the complexities of road safety and provide clear guidelines for personal injury claims resulting from vehicle accidents. Notably, California follows a pure comparative negligence rule, meaning that a party involved in a car accident can recover damages even if they are 99% at fault, though their recovery will be reduced by their degree of fault, allowing them to recover 1% of their damages from the party responsible for them.

Another important aspect is the statutory minimum for auto insurance coverage. California requires all drivers to carry insurance with minimum liability coverage of $15,000 for injury/death to one person, $30,000 for injury/death per incident, and $5,000 for property damage – which helps ensure that funds are available to cover damages in more minor accidents.

California also imposes a strict statute of limitations for filing car accident claims. Individuals under most circumstances have two years from the date of the accident to file a personal injury claim and three years to file for property damage. 

Understanding these laws can significantly impact the outcome of a personal injury claim following a car accident. To learn more about these laws and others that may be relevant to your case, visit our page on California Car Accident Laws. 

California’s Dog Bite Law

California is a “strict liability” state, meaning dog owners are liable for all dog bites, even a first bite, if certain legal requirements are met. This rule differs from the “one bite rule” adopted in many other states, whereby dog owners are protected from injury liability the first time their dog bites someone.

According to California Civil Code Section 3342, dog owners are liable for any damages incurred due to a dog bite occurring in public or private property where the victim has the lawful right to be. Liability extends to all dog bites, no matter how minor. Bites that don’t break the skin qualify for a claim.

Exceptions to strict liability may apply to dog owners who can show that:

• The victim was trespassing

• The dog was a law enforcement animal

• The victim was partially at fault

• The victim has assumed the risk of getting bitten, such as in the case of veterinarians or kennel owners

• The injury was not caused by a “bite”

In situations where a dog doesn’t bite someone but causes them injury in some other way – like knocking them over – strict liability may not apply, but the dog owner may still be liable if they were negligent in failing to control their dog or otherwise allowing the injury to occur.

To learn more about dog bite laws specific to California, visit our page on California Dog Bite Laws.

California’s Premises Liability Laws

Premises liability law establishes property owners' liability for injuries or other damages occurring on their property. A claimant must demonstrate that the property owner knew about a hazardous condition or should have known about it had they inspected their property, yet they did not remedy it. Premises liability claims are often brought after injury incidents occurring at a business, such as grocery stores and construction sites, that are not maintained safely.

Premises liability lawsuits are founded on the legal principle of negligence, which requires property owners to exercise ‘reasonable care’ to keep their property safe and prevent others from injury.

California’s premises laws are covered by Civil Code 1714(a). Claims require factual evidence demonstrating that harm arose from the accused’s negligent property management. The claimant must prove that:

• The property was owned, occupied, leased, or controlled by the accused

• The accused party was negligent in the maintenance or use of the property

• The claimant was injured

• The accused party’s negligence was a substantial contributor to the injury

When determining whether or not a property owner has breached their duty of care, courts can consider a variety of factors, including:

• Likelihood of injury occurring as a result of the dangerous condition

• Location of property

• Property owner’s degree of control over the hazardous condition

• Seriousness of injury 

• Other prior, similar injuries caused by the same condition

California’s Dram Shop Law

Dram shop law refers to the liability held by individuals or businesses that serve alcohol in the event that an inebriated patron causes property damage or injury due to their intoxication. For example, if a bar fails to stop serving a clearly inebriated person who goes on to cause property damage or injury to a third party, the bar may be partially liable for damages.

In California, the scope of the law is limited. In most cases, liability for causing injury while intoxicated lies solely with the person consuming the alcohol, not with the vendor. The state makes exceptions for minors in situations where:

• A parent, guardian, or another adult knowingly serves alcohol to a person under 21 years of age, if the person serving knew or should have known the individual was underage

• An employee of an establishment with a license to serve alcohol provides it to an “obviously intoxicated minor”

Dram shop claims allow victims to seek compensation for:

• Current and future medical bills related to the injury

• Property damage repair or replacement costs

• Lost income caused by missing work while you recover

• Diminished earning capacity if you suffer a permanent impairment that impacts the level of income you can earn

• Physical pain and suffering

• Emotional distress and mental anguish

• Loss of enjoyment of life

• Scarring and disfigurement

The specifics, scope, and limitations of California’s dram shop law (also known as social host law) can be found in the California Civil Code Section 1714.

California Business Liability Insurance Requirements

Commercial General Liability (CGL) insurance is the standard liability policy businesses use. While CGL is not mandatory for California businesses, it is strongly recommended. Most businesses prefer to be insured against liability risks.

A comprehensive CGL policy includes three types of primary coverage: premises liability, product liability, and completed operations.

• Premises liability covers accidental injury or property damage resulting from conditions on the business premises or during the course of operations, whether on or off premises

• Products liability protects businesses that manufacture, sell, handle, or distribute products from injury or damage caused by those products

• Completed operations cover potential liability for injury or damage arising from a business’ completed work

Exclusions under a CGL policy typically include the following:

• Intentional injury

• Liquor liability

• Workers Compensation

• Pollution

• Aircraft/automobile/watercraft

• Mobile equipment

This is not an exhaustive list. Coverage exclusions vary widely between policies, so it’s essential to read and understand all exclusions within a specific policy. The type of business will determine how a CGL policy is classified and its exclusions.

The workers’ compensation exclusion is of particular importance. California employers are required under California Labor Code Section 3700 to provide workers comp from a licensed insurance company or through the State Compensation Insurance Fund (State Fund).

How Much Can Someone Sue for an Injury in California?

For the most part, California places no damage caps on personal injury claims. The exception is medical malpractice, which caps compensation for non-economic damages such as pain and suffering, loss of consortium, and loss of enjoyment of life.

Passed in 2022, Assembly Bill 35 caps non-economic damages in medical malpractice claims at $350,000 for non-death cases and $500,000 for wrongful death cases. The caps will increase incrementally until 2033, maxing out at $750,000 for non-death cases and $1 million for wrongful death cases. The new caps apply only to cases filed on or after January 1, 2023. Cases filed before that date are subject to the old cap of $250,000.

The cap has no bearing on potential economic losses such as medical costs, lost income, and loss of earning ability.

The Statute of Limitations in California

The statute of limitations is the time limit within which a claimant must file a lawsuit after suffering harm. California’s statute of limitations for most personal injury claims is two years.

According to Sections 335.1 and 340 of California’s Code of Civil Procedure, a civil injury victim must file a claim within two years of sustaining the injury. The ‘discovery of harm’ rule provides an exception for situations where the injured party does not learn of their injury or could not determine the extent of their injuries until later. In such cases, the statute of limitations starts at the time the victim discovers their injury.

Legal Resources for Injured Folks in California

We’ve compiled a list of links to the most helpful resources for personal injury claims in California, including civil codes, government advice on insurance and the law, and key statistics relating to injury and wrongful death.

California Civil Code Section 1714

The statutory basis for negligence-based personal injury claims in California is rooted in the California Civil Code, which obligates individuals to be accountable for both willful and negligent acts that harm others. This section ensures that any party who causes injury to another through carelessness or with intent can be held financially responsible for damages. 

Commercial Insurance Guide

This government guide to commercial insurance, provided by the California Department of Insurance, is an all-encompassing resource detailing several aspects of commercial general liability policies. This guide is crucial for business owners and entrepreneurs as it outlines the coverage specifications, limitations, and the types of risks typically covered under such policies, such as property damage and personal injury.

Statute of Limitations

The California Civil Code Sections 335.1 and 340 establish the statute of limitations for personal injury claims in the state, setting specific time frames within which a plaintiff must initiate legal action following an injury. 

Section 335.1 specifically mandates a two-year limitation period for filing claims related to personal injuries, whereas Section 340 provides timelines for other types of civil claims, including those involving defamation and certain types of fraud. 

Personal Injury Court Statistics

The Judicial Council of California’s 2024 Court Statistics Report provides an overview of the judiciary’s operational status, listing the total number of cases filed across the state and offering a categorized breakdown of these cases, including personal injury court statistics. This detailed breakdown helps to illustrate trends in litigation and identifies areas where the judicial system may be experiencing increased pressure.

Preventable Death Statistics

The provided statistics on preventable injury-related fatalities offer critical insights by delineating the number of deaths by state, including specific data for California. This data is a benchmark for evaluating the effectiveness of safety regulations and public health initiatives over time, facilitating a proactive approach to preventing unnecessary loss of life due to accidents and injuries.