Casualty & LiabilityQuestion 91 of 215
A California resident slips and breaks her arm on June 1, 2024. She does not file her personal injury lawsuit until July 1, 2026. Under California's statute of limitations, the lawsuit will MOST LIKELY be:
a.Time-barred, because the statute of limitations for personal injury is 2 years
b.Timely, because she has 4 years
c.Timely, because there is no statute of limitations for negligence
d.Time-barred only if the defendant raises the issue, otherwise good for 6 years
Explanation
Code of Civil Procedure §335.1 sets a 2-year statute of limitations for personal injury or wrongful death actions in California. The injury occurred on June 1, 2024, so the deadline to file was June 1, 2026. Filing on July 1, 2026 is one month late and will be barred. (Written contract claims have 4 years under §337; oral contracts have 2 years under §339.)
Law Reference: Cal. Code Civ. Proc. §335.1 (2 years for personal injury); §337 (4 years for written contract)Practice all 215 questions free — no signup required.
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