California Product Liability Statute of Limitations: Two Years Under CCP § 335.1
Reviewed and current as of August 31, 2026. California law can change; verify against the current statute before relying on any date.
In California, a product liability claim for personal injury caused by a defective product must generally be filed within two years of accrual. A claim for damage to property caused by a defective product generally has three years.
Source: California Code of Civil Procedure section 335.1 (personal injury); section 338 (injury to property) (as of August 31, 2026).
Which period applies
California product liability claims are usually pleaded as strict products liability, negligence, or breach of warranty. For limitations purposes, California courts look to the nature of the harm, not the label on the cause of action:
| Harm alleged | General limitations period | Statute |
|---|---|---|
| Bodily injury or death from a defective product | 2 years | Code of Civil Procedure section 335.1 |
| Damage to real or personal property | 3 years | Code of Civil Procedure section 338 |
| Economic loss on a written contract / warranty (commercial) | generally 4 years | Commercial Code section 2725 / Code of Civil Procedure section 337 |
When the clock starts
A personal-injury products claim carries the two-year period even when it is framed as a breach of the implied warranty of merchantability, because the gravamen is injury to a person. Commercial Code section 2725's four-year rule and its “tender of delivery” accrual apply to warranty claims for economic loss between commercial parties, not to a consumer's personal-injury claim.
The general rule is that the claim accrues when the defective product causes appreciable harm — often the date of the injury-causing incident. California also applies the discovery rule: accrual is postponed until the plaintiff discovers, or through reasonable diligence should have discovered, the injury and its wrongful cause, including a product defect as a cause. This matters in latent-defect and toxic-exposure cases, where the injury or its connection to a product may not be apparent for years. Whether a plaintiff was on inquiry notice is fact-specific.
Key exceptions and tolling
- Minors and incapacity.Under Code of Civil Procedure section 352, the period of a plaintiff's minority or lack of legal capacity at accrual is generally not counted, subject to statutory limits and to different rules for claims against public entities.
- Defendant absent from the state.Code of Civil Procedure section 351 generally excludes a defendant's periods of absence from the state, though case law has limited its reach in some interstate contexts — relevant where a manufacturer or distributor is out of state.
- No general statute of repose.Unlike some states, California has not enacted a general statute of repose barring product claims a fixed number of years after sale or manufacture for personal injury; specialized repose rules exist in narrow areas (for example, certain improvements to real property under sections 337.1 and 337.15).
- Government defendants.If a defendant is a California public entity, a pre-suit claim under Government Code section 911.2 — generally within six months — is required before suit.
- Equitable tolling and estoppel; class-action tolling.May apply on defined facts, including where a prior putative class action tolled individual claims.
Frequently asked
How long do you have to file a product liability lawsuit in California?
Generally two years from accrual for personal injury under Code of Civil Procedure section 335.1, and three years for property damage under section 338, regardless of whether the claim is styled as strict liability, negligence, or warranty. This is general information, not legal advice.
When does the product liability clock start in California?
Generally when the defective product causes appreciable injury, subject to the discovery rule, which can postpone accrual until the plaintiff knew or should have known of the injury and that a product defect was a cause. Tolling can apply for minors, incapacity, and a defendant's absence from the state. Analyze each on its facts.
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Not legal advice. This page is general information for licensed attorneys and is not a substitute for independent legal research or professional judgment. It does not address the facts of any specific matter. Statutes, case law, and court rules change; tolling, the discovery rule, equitable estoppel, and claims involving minors, government entities, or out-of-state defendants can all change the applicable deadline. Confirm every date against the current text of California Code of Civil Procedure sections 335.1 and 338 (and, for warranty economic-loss claims, Commercial Code section 2725) and controlling case law. Using this page does not create an attorney-client relationship.
Statutory citations current as of August 31, 2026.