An action by or on behalf of a minor for personal injuries sustained before or in the course of his or her birth must be commenced within six years after the date of birth, and the time the minor is under any disability mentioned in Section 352 shall not be excluded in computing the time limited for the commencement of the action.
§ 340.4.Injuries Suffered By Minor Before Or In Course of Birth
Title 2. Of the Time of Commencing Civil Actions · Chapter 3. The Time of Commencing Actions Other Than for the Recovery of Real Property · Enacted 1992 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 340.4 gives a minor six years after birth to sue for personal injuries suffered before or during birth, and it excludes the minority tolling that § 352 would otherwise provide.
Full Text of § 340.4
Plain-English Summary
Section 340.4 covers prenatal and birth injuries specifically. An action brought by or for a minor for personal injuries sustained before or during birth must be commenced within six years of the date of birth.
Normally, § 352 tolls a limitations period for the entire time a plaintiff is a minor, letting the clock effectively wait until adulthood. Section 340.4 expressly turns that off for this claim: the disability of minority described in § 352 is not excluded when computing the six-year period, so the deadline runs on a fixed six-year schedule from birth regardless of the child’s ongoing minority.
Frequently Asked Questions
How long does a minor have to sue for injuries suffered before or during birth?
Six years from the date of birth, under § 340.4.
Does the general rule tolling deadlines for minors under § 352 extend this six-year period?
No. Section 340.4 expressly excludes that tolling, so the six years runs on a fixed schedule regardless of the child’s continuing minority.
Amendment History
Added by Stats. 1992, Ch. 163, Sec. 16. Effective January 1, 1993. Operative January 1, 1994, by Sec. 161 of Ch. 163.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: California birth injury statute of limitationsprenatal injury lawsuit deadline California