Perspective
Jun. 11, 2016
Prenatal limitations statute circuit split
New 9th Circuit decision causes split on which statute of limitations applies to claims of prenatal chemical exposure. By Don Willenburg
Don Willenburg
Partner
Gordon & Rees LLP
appellate law, litigation, special master
1111 Broadway Ste 1700
Oakland , CA 94607
Phone: (510) 463-8600
Fax: (510) 984-1721
Email: dwillenburg@grsm.com
Stanford Univ Law School
Don is chair of the firm's Appellate Practice Group in Oakland, and an attorney member of the Information Technology Advisory Committee to the Judicial Council. The views expressed are his own.
California has one statute of limitations regarding prenatal injuries, and another for exposure to toxic substances. The prenatal statute is six years after the date of birth, with no tolling for the child's minority status. The toxic tort statute is two years from the date of injury, but like most statutes of limitation is subject to tolling while plaintiff is a minor. Which governs when the claimed injury is prenatal exposure t...
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