Product Liability Statute Of Limitations In California (2026)

What Is the Product Liability Statute of Limitations in California?

California gives people injured by defective products two years to file a product liability lawsuit. Likewise, the state allows the family members of people killed by defective products two years to file a wrongful death lawsuit.

Understanding Product Liability Claims in California

Product liability claims are brought against a manufacturer or seller when a defective product causes injuries or property damage. California product liability claims can rely on any of the following legal theories:

• Strict liability
• Negligence
• Breach of warranty

Perhaps the most commonly used theory is strict liability because it imposes liability regardless of the reasonableness of the manufacturer’s actions.

Under this theory, the manufacturer may be held liable even if it took reasonable measures to prevent the defect from occurring. In fact, the manufacturer can bear liability for product defects it never knew about.

The law allows plaintiffs to allege any of the following types of product defects:

• Design defects inherent in the product
• Manufacturing defects caused by its production
• Warning defects in the instructions and warnings provided with the product

After the plaintiff proves that the product contained any of these defects, they must also establish that the defect caused their injury or disease. This causal connection often requires expert testimony. For example, a medical researcher’s testimony may connect a pesticide to the plaintiff’s cancer diagnosis.

Time Limits for Personal Injury vs. Property Damage Claims

California’s deadline for property damage claims is three years. Thus, you have one year longer to file a lawsuit for damage to your property than for injuries to your body caused by defective products.

When Does the Statute of Limitations Clock Start?

The product liability statute of limitations in California starts when the “action accrues.” This normally happens at the time of the injury. For instance, after an accident where a power tool malfunctioned and amputated your finger, you would have two years from the day of that incident to file a personal injury lawsuit.

However, in many product liability cases, the injury is not readily apparent. In these cases, California uses the “discovery rule,” which delays the start of the statutory period until the victim either discovered the injury or reasonably should have discovered the injury.

California law adds one additional element that many other states do not include. Under state law, the statute of limitations begins running when the victim discovers, or reasonably should have discovered, the “cause of action.” This means that discovering the injury is not enough. The plaintiff must also have found that the cause of the injury was the defective product.

For example, the state generally allows people injured by pharmaceutical products to file product liability cases within two years of discovering their injuries. However, this time may be extended to two years after discovering that exposure to dangerous drugs caused their injuries, if that fact only became known later.

Exceptions to California's Product Liability Statute of Limitations

It’s important to note that the statute of limitations is paused when the victim is legally incapable of bringing a lawsuit. Two of the most common grounds for incapacity are age and mental disability.

Specifically, the statute of limitations for a child victim starts when the child turns 18. This means their deadline for filing a product liability lawsuit occurs when they turn 20, regardless of their age when they were injured.

Similarly, if the victim is mentally incapable of making legal decisions, the statute of limitations period starts running when they regain their capacity. It may also begin when a conservator is appointed to handle the person’s legal affairs. However, this exception only applies when the person was mentally incapacitated at the time of the injury or its discovery. It does not apply if the defective product caused the incapacity.

What Happens if You Miss the Filing Deadline?

If you miss the deadline, the product manufacturer will likely file a motion to dismiss. The court will then determine whether you fall under any of the statutory exceptions. If none of these provisions apply, your case can be dismissed, and you will not be allowed to refile it.

Why Acting Quickly Matters in Product Liability Cases

Product liability cases can raise complex issues. A lawyer needs as much time as possible to gather evidence to prove that the product was defective and that its defects caused your injuries.

Even in straightforward cases, this evidence often includes eyewitness testimony, expert testimony and physical inspections and tests of the defective product. If you delay, evidence may get lost, and memories may fade.

Once the lawyer gathers evidence, they also need time to prepare your lawsuit. As a result, acting quickly will give your lawyer plenty of time to meet the statutory deadline.

Get Legal Help for Your Product Liability Claim Today

Product liability cases involve complicated issues and strict deadlines. A lawyer can help ensure that you don’t miss any of these crucial deadlines so that you don’t give up your right to compensation.

If you need legal representation, the team at ConsumerShield can refer you to a vetted product liability lawyer in your area. Contact us for a free case review today.