California Statute of Limitations for Product Liability

The california statute limitations product liability deadline decides whether you can sue at all after a defective product injures you. Miss it, and your claim is usually gone for good. That is true even if the product was clearly dangerous. California gives injured people a limited window to file. In most cases, that window is two years.

However, the clock does not always start on the day you got hurt. It can start later, when you discovered the injury and its likely cause. As a result, knowing the california statute limitations product liability deadline matters for anyone hurt by a drug, medical device, vehicle part, or household product. This guide explains the rules in plain English. It covers the main deadlines, the exceptions, and the steps to take now.

What Is the California Statute Limitations Product Liability Deadline?

A statute of limitations is a legal time limit. It sets how long you have to file a lawsuit. After that date passes, courts will typically dismiss the case. The defendant only needs to raise the deadline as a defense.

For personal injury, California’s main rule is Code of Civil Procedure Section 335.1. It gives you two years to file. This covers injuries caused by defective products. It also covers wrongful death claims brought by family members. For wrongful death, the two years usually run from the date of death.

Product liability claims can rest on different legal theories. These include strict liability, negligence, and breach of warranty. Strict liability means the maker is responsible for a defect, even without proof of carelessness. California pioneered this rule in Greenman v. Yuba Power Products (1963). For injury claims, the california statute limitations product liability deadline is usually the same two years. The theory you use does not usually change that.

However, the deadline for a property damage claim is longer. Under Code of Civil Procedure Section 338, you get three years. For example, if a faulty dryer starts a fire that damages your home, you may have three years for the property loss.

Key Deadlines and Exceptions in California

California has several special rules. Each one can change your california statute limitations product liability deadline. The table below shows the most common ones.

The discovery rule. Many product injuries show up slowly. For example, cancer from a chemical may appear years later. California courts apply the “discovery rule” in these cases. The clock starts when you knew, or should have suspected, that someone’s wrongdoing caused your injury. The California Supreme Court set this out in Jolly v.

Eli Lilly & Co. (1988). In Fox v. Ethicon Endo-Surgery (2005), the court went further. It held that the clock for a product claim can start later than the clock for a medical malpractice claim. That applies if you had no reason to suspect a defect sooner.

Toxic exposure. Section 340.8 covers harm from hazardous materials. Typically, you have two years from when you discovered the injury and its likely cause. This rule often applies in mass torts involving chemicals or contaminated products.

Minors. Under CCP Section 352, the clock usually pauses for children. A child generally has until two years after turning 18 to file. As a result, a child injured at age 10 may be able to sue until age 20. The same pause can apply to adults who lack legal capacity.

Government defendants. Sometimes a city, county, or state agency shares blame. For example, a public hospital may have supplied a recalled device. In that case, you must first file a written claim within six months. This step is required under the Government Claims Act. Missing it can bar your case.

How Mass Torts and Class Actions Affect the California Statute Limitations Product Liability Deadline

Many defective product cases become mass torts. Thousands of people file similar claims against the same company. Federal cases are often grouped into a multidistrict litigation, or MDL. The Judicial Panel on Multidistrict Litigation decides when to group them.

However, an MDL does not pause your personal deadline. Each person must still file on time. The california statute limitations product liability deadline still applies to your own claim. California state courts also group mass tort cases. This is done through a Judicial Council Coordination Proceeding, known as a JCCP.

Class actions work differently. Under the federal American Pipe rule, filing a class action can pause the deadline for class members. However, California limits this. In Clemens v. DaimlerChrysler (2008), a California appeals court refused to pause state deadlines for a class action filed in another state’s courts. As a result, relying on an out-of-state class action is risky. Personal injury claims are also rarely certified as class actions. In most cases, injured people must file their own lawsuits.

Recalls do not restart the clock either. For example, an FDA recall may alert you that a device was defective. That news may trigger the discovery rule. In other words, a recall can start your california statute limitations product liability deadline. It does not extend it.

Steps to Protect Your California Statute Limitations Product Liability Deadline

Deadlines can pass quickly while you focus on recovery. Taking a few steps now can protect your rights.

1. Write down key dates. Note when you used the product. Note when symptoms began. Write down when a doctor first linked the injury to the product. These dates help pin down your california statute limitations product liability deadline.

2. Keep the product. Do not throw away or repair the item. Save packaging, receipts, and manuals. For example, a failed hip implant removed in surgery should be preserved. Ask your hospital to keep it.

3. Gather medical records. Request records from every provider who treated you. These records often show when the injury was first diagnosed.

4. Check recall and safety notices. Search the Consumer Product Safety Commission recall database for household items. Use the NHTSA recall lookup for vehicles and parts. Recalls can be strong evidence of a defect.

5. Talk to a lawyer early. Most product liability lawyers offer free reviews. They typically work on a contingency fee. That means they are paid only if you recover money. An early review can catch exceptions you might miss.

6. Do not wait for a settlement. Big mass tort settlements often take years. However, many only pay people who filed on time. Waiting can leave you out entirely.

How California Compares to Other States

California’s two-year rule is common, but not universal. For example, Tennessee and Kentucky give only one year for most injury claims. New York generally allows three years. Florida cut its negligence deadline from four years to two years in 2023.

Many states also have a “statute of repose.” This is a hard cutoff measured from the date of sale. For example, Texas generally bars most product claims 15 years after sale. California has no general statute of repose for product liability. As a result, older products can still lead to valid claims in California. This holds if you file within the discovery-based deadline.

Where you file can matter. Choosing the right state is a legal question. A lawyer can explain which state’s deadline applies to you.

Frequently Asked Questions

How long do I have to sue for a defective product in California?

In most cases, you have two years from the injury. However, the discovery rule can delay the start date. As a result, your california statute limitations product liability deadline may begin when you learned the product likely caused your harm.

Does joining an MDL or mass tort extend my deadline?

No. Each person must file within their own time limit. For example, a lawsuit filed by someone else does not protect you. Your california statute limitations product liability deadline still applies.

What if the injured person was a child?

Typically, the deadline pauses until the child turns 18. The child then has two more years to file. However, a parent’s own claims, such as medical bills, may follow a shorter timeline.

Can I still sue if the product is very old?

Often, yes. California has no general statute of repose for product claims. As a result, the age of the product alone usually does not bar a lawsuit.

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Official Sources & Resources

For verified mass tort and legal information:

• JPML (Case Data): jpml.uscourts.gov
• U.S. Department of Justice: justice.gov
• Cornell Law Institute: law.cornell.edu
• NCSL (State Laws): ncsl.org
• FDA Recalls & Safety: fda.gov

Content last reviewed October 2026. If you notice any outdated information, please contact us.

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• Complete Mass Tort Guide
• All Active MDL Cases
• State Tort Reform Laws
• Eligibility Quiz Tool
• Damage Cap Lookup Tool

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