What is the Property Damage Statute of Limitations in California?

When your property is damaged due to someone else’s actions, you have the right to seek compensation under California law. But timing is everything. If you wait too long, you may lose the opportunity to recover damages entirely. Understanding the legal timeline and how it applies to property damage claims is crucial for protecting your rights.

In this article, we’ll break down the types of property damage, relevant deadlines, and exceptions under the California Code of Civil Procedure. If you’re facing a situation involving damage to your property, this guide will help you take the next step.

Types of Property Damage Recognized in California

There are two main categories of property damage under California law:

1. Damage to Real Property

This refers to damage involving land or anything permanently attached to it, such as:

• Residential or commercial buildings

• Fences and landscaping

• Driveways or sidewalks

For example, if someone drives a vehicle into your home or illegally builds on your land, it falls under real property damage.

2. Damage to Personal Property

This includes movable items not permanently affixed to land or structures. Common examples are:

• Vehicles

• Jewelry

• Electronics

• Furniture

If a neighbor backs into your car or someone intentionally smashes your laptop, this would be considered damage to personal property.

California’s Statute of Limitations for Property Damage Claims

Under California Code of Civil Procedure Section 338, the law sets a clear deadline to file most property damage lawsuits. You typically have three years from the date the damage occurred.

Here’s how the statute applies:

• Trespass or Injury to Real Property
  You have three years to sue if someone unlawfully enters or damages your home, land, or another structure.

• Damage to Personal Property (Goods or Chattels)
  You also have three years to file a lawsuit if your personal belongings—such as a vehicle or electronics—are harmed, stolen, or detained without your permission.

This deadline applies regardless of whether the damage is part of a larger legal claim or an independent lawsuit.

What Happens If You Miss the Deadline?

If you attempt to file a lawsuit after the three-year statute of limitations has expired, the defendant will likely file a motion to dismiss your case. In most situations, the court will grant this dismissal, meaning you lose your right to recover compensation, unless a valid legal exception applies.

Exceptions to the Property Damage Statute of Limitations

California law allows for certain situations in which the statute of limitations may be paused or tolled. Below are a few notable exceptions:

1. Defendant Was Out of State

If the person responsible for the damage was out of California for part of the three-year period, the timeline may be paused. The statute doesn’t count the time the defendant was unreachable or absent from the state.

2. Minor or Legally Incapacitated Plaintiff

If you were under the age of 18 or were not legally capable of making decisions (due to illness or disability), the three-year period may not begin until you reach legal adulthood or recover mental competency.

Why Timing Matters in Property Damage Cases

Waiting too long to file your claim can lead to more than just the dismissal of your case. Evidence can disappear, memories fade, and witnesses may be harder to locate. Filing early helps preserve critical documentation such as:

• Repair bills

• Expert appraisals

• Photographs of damage

• Police or incident reports

• Witness statements

The longer you delay, the harder it becomes to build a strong case.

When Should You Speak with a Property Damage Lawyer?

If you’re unsure whether the three-year deadline has passed—or whether an exception may apply—it’s important to speak with a knowledgeable California attorney as soon as possible.

At KAASS LAW, our experienced legal team can review your case, determine applicable deadlines, and help you pursue the compensation you deserve. We offer legal services in Glendale, Los Angeles, and throughout California, handling both real estate and claims.

 Learn more about our personal injury and civil litigation services

Don’t Miss the Deadline and contact KAASS LAW today!

If your home, land, or personal items were damaged due to another person’s actions or negligence, you have a limited time to act. Under California Code of Civil Procedure Section 338, most lawsuits must be filed within three years. Missing the deadline could mean permanently losing your right to compensation.

Whether the damage was accidental or intentional, involving a neighbor, a driver, or a stranger, understanding your legal rights and the time limits is crucial. If you’re in doubt about how much time you have left—or whether your case qualifies for an exception—reach out to a trusted California property damage lawyer today.

Call KAASS LAW at (310) 943-1171 for a free consultation about your property damage case.