(a) In any civil action for injury or illness based upon exposure to a hazardous material or toxic substance, the time for commencement of the action shall be no later than either two years from the date of injury, or two years after the plaintiff becomes aware of, or reasonably should have become aware of, (1) an injury, (2) the physical cause of the injury, and (3) sufficient facts to put a reasonable person on inquiry notice that the injury was caused or contributed to by the wrongful act of another, whichever occurs later.
§ 340.8.Exposure to Hazardous Material Or Toxic Substance
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 2003 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 340.8 gives a two-year deadline for civil actions over injury, illness, or death caused by exposure to a hazardous material or toxic substance, running from the injury or death or from when the plaintiff reasonably becomes aware of the injury, its physical cause, and facts suggesting another’s wrongdoing, whichever comes later.
Full Text of § 340.8
(b) In an action for the wrongful death of any plaintiff's decedent, based upon exposure to a hazardous material or toxic substance, the time for commencement of an action shall be no later than either (1) two years from the date of the death of the plaintiff's decedent, or (2) two years from the first date on which the plaintiff is aware of, or reasonably should have become aware of, the physical cause of the death and sufficient facts to put a reasonable person on inquiry notice that the death was caused or contributed to by the wrongful act of another, whichever occurs later.
(c) For purposes of this section:
(1) A "civil action for injury or illness based upon exposure to a hazardous material or toxic substance" does not include an action subject to Section 340.2 or 340.5.
(2) Media reports regarding the hazardous material or toxic substance contamination do not, in and of themselves, constitute sufficient facts to put a reasonable person on inquiry notice that the injury or death was caused or contributed to by the wrongful act of another.
(d) Nothing in this section shall be construed to limit, abrogate, or change the law in effect on the effective date of this section with respect to actions not based upon exposure to a hazardous material or toxic substance.
Plain-English Summary
Section 340.8 sets a discovery-based, two-year period for civil actions over injury or illness caused by exposure to a hazardous material or toxic substance. The clock runs from the later of two points: two years from the date of injury, or two years from when the plaintiff becomes aware, or reasonably should become aware, of the injury itself, its physical cause, and facts sufficient to put a reasonable person on notice that a wrongful act by someone else caused or contributed to it.
A parallel rule applies to a wrongful death action based on toxic exposure: two years from the date of the decedent’s death, or two years from when the plaintiff first becomes aware, or reasonably should become aware, of the physical cause of death and facts suggesting another’s wrongdoing contributed to it, whichever is later.
The section carves out actions already covered by § 340.2 (asbestos-related claims) or § 340.5 (medical malpractice), which have their own dedicated rules. And media coverage of the contamination, standing alone, doesn’t count as putting a reasonable person on inquiry notice — subdivision (c)(2) says so directly.
Frequently Asked Questions
What is the statute of limitations for toxic exposure injury claims in California?
Two years under § 340.8, running from the later of the injury date or the plaintiff’s reasonable awareness of the injury, its cause, and facts suggesting wrongdoing.
Do news reports about contamination start the two-year clock under § 340.8?
Not by themselves. Subdivision (c)(2) says media reports alone don’t constitute sufficient facts to put a reasonable person on inquiry notice.
Does § 340.8 apply to asbestos or medical malpractice claims?
No. Subdivision (c)(1) excludes actions already covered by § 340.2 (asbestos) or § 340.5 (professional negligence of a health care provider).
Amendment History
Added by Stats 2003 ch 873 (SB 331),s 1, eff. 1/1/2004.
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 toxic exposure statute of limitationshazardous material injury lawsuit deadline California