Slow Poison: CA Supreme Court Will Decide Toxic Tort Statute Of Limitations Case

In California, toxic tort liability for birth defects is arguably subject to two overlapping statutory provisions. One places the injury in the category of a toxic substance injury, based on exposure to hazardous materials and toxic substances. It has a two-year stature of limitations, but with an important exception: Cases alleging prenatal injuries can be suspended until the plaintiff turns 18. The other potentially operative provision places the injury in the category of an action for birth and pre-birth injuries, and it’s statute of limitations is six years. Two different CA courts came to different conclusions on this issue, and now it’s going before the California Supreme Court. In this case, the plaintiff – the mother of a now 12-year-old – is alleging damage caused by her (the mother’s) exposure to toxic substances while working for defendant Sony more than twelve years ago. A lower court has ruled in favor of Sony, and the six-year limit, and the plaintiff is appealing. Quoted in the Northern California Record, the president of a California tort reform advocacy group says a reversal in this case could cause problems for business and “will impact the certainty of the litigation system.”