OVER 400 Legal Answers to Frequently Asked Questions to a Variety of California Injury Issues and Legal Problems Associated with California Accidents
What is my case worth? What should I do after a bicycle accident? My car's brakes didn't function properly, do I have a case? Should I sign the insurance company's proposal? Some of your questions may have been answered already on Mark Blane's website. However, San Diego county accidents happen all the time, and all sorts of different questions about different injury scenarios can be raised by a person who is injured. As a result, this personal injury website is dedicated to answering your frequently asked questions about a variety of injuries, your legal rights, and what procedures you should follow. Just browse our frequently asked questions (FAQ) section (below) and look them up. If you have other or more specific questions, just send an email (Contact Us) and you will receive a reply without delay!
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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???
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!