California has one of the most plaintiff-friendly personal injury frameworks in the United States, but it also comes with several procedural traps that can defeat an otherwise strong case. Here are the foundations you should know.
Statute of Limitations
Under California Code of Civil Procedure § 335.1, you generally have two years from the date of injury to file a personal injury lawsuit. The same two-year period generally applies to wrongful death claims under CCP § 335.1. Several special rules apply, discussed in detail below.
Pure Comparative Fault
California is a pure comparative fault state, established by the California Supreme Court in Li v. Yellow Cab Co. (1975) 13 Cal.3d 804. That means you can recover compensation even if you are partially at fault for the accident, no matter how much. Your recovery is reduced by your percentage of fault, but there is no threshold that bars recovery. If you are 30% at fault and your damages total $100,000, you’d recover $70,000. If you are 75% at fault and your damages total $100,000, you’d still recover $25,000. Pure comparative fault is more plaintiff-friendly than the modified comparative fault rules used in most other states (where being more than 50% or 51% at fault bars recovery entirely).
Premises Liability Framework
California’s premises liability law follows the framework set out in Rowland v. Christian (1968) 69 Cal.2d 108, which imposes a unified duty of reasonable care on owners and occupiers of property, weighed against a multi-factor balancing test. Rowland abandoned the older common-law categories that distinguished between invitees, licensees, and trespassers. The Rowland framework is one of the more plaintiff-friendly premises-liability frameworks in the United States.
Strict Products Liability
California follows a strict-liability framework for defective products under Greenman v. Yuba Power Products (1963) 59 Cal.2d 57, the foundational California Supreme Court decision that helped establish strict products liability throughout the United States. Manufacturers, distributors, and retailers can all be held liable for defective products that cause injury, without proof of negligence.
Strict Liability for Dog Bites
California follows a strict liability rule for dog bites under California Civil Code § 3342. The owner is generally liable for an attack regardless of whether the dog had bitten anyone before. There is no “one bite” rule in California.
At-Fault Auto Insurance
California is an at-fault (or “tort”) state for auto insurance, meaning the driver who caused the wreck (and that driver’s insurance) is responsible for the damages. California is not a no-fault state. The minimum auto insurance requirements were raised on January 1, 2025, under Senate Bill 1107 (the Protect California Drivers Act). The new minimums are 30/60/15 ($30,000 per injured person, $60,000 per accident, $15,000 for property damage), up from the 15/30/5 limits that had been in place since 1967. The 30/60/15 limits also apply to uninsured motorist coverage. The minimums will increase again in 2035 to 50/100/25.
Limited Dram Shop Liability
California is one of the few states with very limited dram shop liability. Under California Business and Professions Code § 25602, sellers and furnishers of alcohol are generally not liable for injuries caused by intoxicated patrons. The major exception is liability for serving an obviously intoxicated minor under Business and Professions Code § 25602.1, which still allows a civil claim against a licensee. Social hosts also cannot generally be held liable for injuries caused by intoxicated guests under Civil Code § 1714(c), again with a narrow minor exception.
Government Claims Act (Six-Month Deadline)
This is one of the biggest procedural traps in California personal injury practice. Claims against any public entity (the State of California, any California city or county, any California public school district, any California public university, any California regional transit agency, and most other public bodies) are governed by the California Government Claims Act, Government Code § 810 et seq. Under Government Code § 911.2, you have to file a written claim with the public entity within six months of the injury, not two years. Miss the six-month deadline and your case is gone.
Punitive Damages
Punitive damages are available in California for cases involving oppression, fraud, or malice, proven by clear and convincing evidence under California Civil Code § 3294. They are not available in most medical malpractice cases except in narrow circumstances.
Medical Malpractice (MICRA / AB 35)
California’s Medical Injury Compensation Reform Act (MICRA) caps non-economic damages in medical malpractice cases. Following AB 35 (signed in 2022, effective January 1, 2023), the cap was raised from the original $250,000 to $350,000 for non-death cases and $500,000 for wrongful death cases, with annual increases of $40,000 per year (non-death) and $50,000 per year (wrongful death) until reaching $750,000 (non-death) and $1,000,000 (wrongful death) by 2033. Economic damages are not capped. Medical malpractice claims have a special statute of limitations under CCP § 340.5: three years from the date of injury or one year from when you discovered (or reasonably should have discovered) the injury, whichever is earlier. Plus, before filing suit, you have to give the defendant 90 days’ notice of intent to sue under CCP § 364.
Recent Statewide Safety Legislation
Two recent California safety laws often come up in personal injury cases:
- AB 645 (Speed Safety Cameras): Signed in October 2023, AB 645 authorized a six-city pilot speed-enforcement camera program in Los Angeles, Glendale, Long Beach, San Francisco, San Jose, and Oakland. Cities began activating cameras in 2025, with San Francisco issuing the first citations on August 5, 2025.
- AB 413 (Daylighting): Effective January 1, 2025, statewide. Prohibits parking within 20 feet of the approach side of any marked or unmarked crosswalk to improve sight lines for pedestrians and drivers at intersections. Cities began an education phase in early 2025 and have moved into enforcement.