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STATUTE OF LIMITATIONS: What is the California statute of limitations for a bodily injury on property caused by a latent defect , or a defect that was not easily seen or noticed by a reasonable person? Can I still sue a builder even if the injury happened years later???

 

A: Yes, but you can only sue the builder within 10 years of the building being built due to injuries from a latent defect.  

The Statute of Limitations for said action is under California Code of Civil Procedure Section 337.15 which states in part a 10-year statue of limitations for any injury to real property due to latent deficiency.  Latent deficiency is defined under the code as a deficiency which is not apparent by reasonable inspection. 

If a person is both physically injured due to a latent builder defect, and the property suffers harm to (roof collapse for example), then, an injured person in California can bring legal actions against the builder for not only breach of warranty under a contractual theory, but also under negligence/tort for further damages including non-economic damages (pain and suffering).

Another reason why California builders should build sound structures. The risk of liability can go out 10 years after construction!
 

 




More Legal Questions About San Diego California Injury Accident Cases?

Do you have more legal questions about San Diego California Injuries & Accident Cases?  Return to our Frequently Asked Legal Questions  page. 
 

The Law Offices of Mark C. Blane, APC
GOLDEN EAGLE PLAZA
525 B Street, 15th Floor
San Diego, CA 92101
Toll Free:  (888) 845-6269
Direct:  (619) 813-7955
The San Diego California Injury Accident Law Firm that offers FREE Legal Help Books to anyone BEFORE they speak to a Lawyer, Claims Adjuster, or have to sign any Legal Forms; also we represent clients across Southern California including the following areas: 



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