Can I sue a store for a fall in its parking lot in California?

Yes, but you must prove negligence. In Paige v. Safeway (2022) a fractured femur claim over a newly painted crosswalk ended in a defense verdict.

Can a builder be liable for a dangerous skylight?

Yes. In Schreiber v. Lee (2020) judgments of $756,000 against the builder and $224,000 against the manager followed a fall through a deck skylight.

Does it matter that I was looking at my feet when I slipped?

The defense may raise it, but it is not decisive. Paige was looking down when she slipped, and the case turned on whether the crosswalk paint was negligent.

How long do I have to file a fall claim in California?

Two years against private parties; six months to present a claim to a public entity.

What is the statute of limitations for fracture claims in California?

2 years for personal injury; 1 year for medical malpractice (with 3-year repose). Source: Cal. Code Civ. Proc. § 335.1, § 340.5. Filing after the period expires generally bars the claim absent a tolling exception.

★ California · fracture

Fracture settlements
in California.

By MyClaimWorth EditorialReviewed by Abd Shanti, FounderPublished 9 May 2026Updated 29 September 20269 min read

California fall cases can go either way at trial. A shopper who broke her femur on a slick, newly restriped crosswalk lost; a tenant who fell through a skylight in her deck won a judgment against the building’s original owner.

Facts that decide a fracture claim in California

Expert standards	A trial court may limit cross examination of a defense expert on industry standards the expert did not rely on; such rulings are reviewed for prejudice.Paige v. Safeway (Cal. Ct. App. 2022)
Fault rule	Pure comparative fault: your own negligence reduces your damages by your share but never bars recovery, even at 90%.Li v. Yellow Cab Co. (Cal. 1975)
Deadline to sue	Two years for “an action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.”Cal. Code Civ. Proc. § 335.1
Claims against public entities	A claim for death or personal injury must be presented “not later than six months after the accrual of the cause of action.”Cal. Gov. Code § 911.2

united states · sister site

Your fracture claim in California. See the number for your own case.

FairSettlement gives you a free estimate for your own fracture case in about two minutes, no cost and no obligation.

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★ CA · reported fracture outcomes

What California courts have awarded.

Real California decisions and verdicts, each linked to the court record or official report.

Paige v. Safeway
California Court of Appeal · 2022
Defense verdict affirmed
Weeks after Safeway had its parking lot crosswalk restriped, Paige, then 60, took two or three steps onto it and slipped, saying it was like slipping on ice. She fractured her femur. She argued Safeway should have required slip resistant paint or added grit. The jury found for Safeway and the Court of Appeal affirmed.
Schreiber v. Lee
California Court of Appeal · 2020
$756,000 and $224,000 judgments
Marthe Schreiber was seriously injured when she fell through a skylight built into her apartment deck in San Francisco. She spent about two weeks at San Francisco General and five at Laguna Honda, with bills of $230,843.06 and $56,841. Judgment was entered against Stephen Lee, who built the building, for $756,000 and against the management company for $224,000, with settlement credits applied only to economic damages.

★ CA · fracture · in practice

What changes the number here.

What actually moves a fracture settlement in California.

1
Show what a safer choice looked like. Paige’s expert said grit or antislip paint could have been used, but the jury was not persuaded Safeway was negligent.
2
Look beyond the current owner. Schreiber recovered from the man who built the building and from the management company, not only the owners at the time.
3
Settlement credits can be split. In Schreiber, amounts from other settlements reduced only the economic damages, leaving noneconomic awards intact.
4
Timing of repairs matters. Safeway had its lot restriped by a paving contractor about two months before Paige fell, which made the paint choice the heart of her case.
5
Prior warnings by the tenant can help. Schreiber had planter boxes put around the skylight because she worried it was dangerous, showing the hazard was foreseeable.

★ CA · statute of limitations

2 years for personal injury; 1 year for medical malpractice (with 3-year repose)

Cal. Code Civ. Proc. § 335.1, § 340.5

★ CA · fault rule

Pure comparative negligence

Pure comparative negligence under Li v. Yellow Cab (1975), recovery available at any fault percentage.

★ CA · caps

What caps recovery.

Statutory caps that may bear on a fracture settlement in California.

MICRA non-economic cap (med-mal)
Medical malpractice
$470,000 (no death) / $650,000 (death) for 2026, rising $40,000 and $50,000 each 1 January
Cal. Civ. Code § 3333.2 (as amended by AB 35)
Proposition 213
Uninsured drivers and DUI defendants
Bars non-economic damages
Cal. Civ. Code § 3333.4

★ fracture · same region & fault regime

Compare to like jurisdictions.

How California's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for fracture claims.

Jurisdiction	Fault rule	Limitation	Fracture page
California · you are here	Pure comparative negligence	2 years for personal injury; 1 year for medical malpractice (with 3-year repose)	—
Colorado	Modified comparative, 50% bar	2 years for personal injury; 3 years for motor vehicle	CO · fracture →
Hawaii	Modified comparative, 51% bar	2 years from date of injury	HI · fracture →
Idaho	Modified comparative, 50% bar	2 years from date of injury	ID · fracture →
Montana	Modified comparative, 51% bar	3 years from date of injury	MT · fracture →
Nevada	Modified comparative, 51% bar	2 years for personal injury; 3 years for medical malpractice	NV · fracture →
Oregon	Modified comparative, 51% bar	2 years from date of injury	OR · fracture →
Kentucky	Pure comparative negligence	1 year for personal injury (one of the shortest in the US)	KY · fracture →
Mississippi	Pure comparative negligence	3 years from date of injury	MS · fracture →
Missouri	Pure comparative negligence	5 years for personal injury; 2 years for medical malpractice	MO · fracture →
New Mexico	Pure comparative negligence	3 years from date of injury	NM · fracture →
Connecticut	Modified comparative, 51% bar	2 years from date of injury	CT · fracture →
Delaware	Modified comparative, 51% bar	2 years from date of injury	DE · fracture →

★ CA · fracture · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

Can I sue a store for a fall in its parking lot in California?
Yes, but you must prove negligence. In Paige v. Safeway (2022) a fractured femur claim over a newly painted crosswalk ended in a defense verdict.
Can a builder be liable for a dangerous skylight?
Yes. In Schreiber v. Lee (2020) judgments of $756,000 against the builder and $224,000 against the manager followed a fall through a deck skylight.
Does it matter that I was looking at my feet when I slipped?
The defense may raise it, but it is not decisive. Paige was looking down when she slipped, and the case turned on whether the crosswalk paint was negligent.
How long do I have to file a fall claim in California?
Two years against private parties; six months to present a claim to a public entity.
What is the statute of limitations for fracture claims in California?
2 years for personal injury; 1 year for medical malpractice (with 3-year repose). Source: Cal. Code Civ. Proc. § 335.1, § 340.5. Filing after the period expires generally bars the claim absent a tolling exception.

united states · sister site

Hurt in a car crash in California? See what your own claim could be worth.

FairSettlement, our US sister site, gives you a free estimate in about two minutes. No cost and no obligation.

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Sources

Checked 2026-09-29.

★ all of CA

California overview

Fault rule, statute, caps, and key facts for California as a whole.

★ national frame

Fracture in United States

Fracture band structure and severity tiers at the US level.

★ all 15 countries

Fracture · everywhere

Cross-jurisdiction comparison of fracture bands.

★ editorial note

Figures on this page are not quotes for any specific case. For representation, consult an attorney admitted in California. See /methodology, /sources, and /disclaimer.

Fracture settlementsin California.

Facts that decide a fracture claim in California

Sources

Fracture settlements
in California.