§ 340.2 Exposure to asbestos; actions for injury, illness or wrongful death

Codes > California Code of Civil Procedure > Part 2 > Title 2 : Chapter 3 > 340.2

§ 340.2. Exposure to asbestos; actions for injury, illness or wrongful death

    (a) In any civil action for injury or illness based upon exposure to asbestos, the time for the commencement of the action shall be the later of the following:

        (1) Within one year after the date the plaintiff first suffered disability.

        (2) Within one year after the date the plaintiff either knew, or through the exercise of reasonable diligence should have known, that such disability was caused or contributed to by such exposure.

    (b) “Disability” as used in subdivision (a) means the loss of time from work as a result of such exposure which precludes the performance of the employee's regular occupation.

    (c) In an action for the wrongful death of any plaintiff's decedent, based upon exposure to asbestos, the time for commencement of an action shall be the later of the following:

        (1) Within one year from the date of the death of the plaintiff's decedent.

        (2) Within one year from the date the plaintiff first knew, or through the exercise of reasonable diligence should have known, that the death was caused or contributed to by such exposure.