What's happening
This bill extends the time limits for filing claims related to toxic injuries, allowing more years to discover and act on the cause.
Why it matters
Expands the time window for discovering and acting on the cause of toxic injuries. , which means more people harmed by things like chemicals or environmental hazards can pursue legal claims even if it takes years to identify exactly what caused their illness.
Recognizes that scientific and medical knowledge about toxic exposures can take years to develop. , so the law allows claims if the cause was not knowable despite diligent efforts—potentially helping victims of emerging toxins or previously unknown hazards.
Broadens who may benefit from the law by including both the identification of the specific toxic cause and the source of harm. , which can be crucial for cases where it’s difficult to pinpoint the responsible party or substance at first.
Raises the stakes for industries and organizations handling toxic materials. , as they may face liability for a longer period and for injuries that surface or are understood well after initial exposure.
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Who cares
Headline styles
Extend Toxic Claim Filing Time
Plain English, a few words. Used as the page title.
Sponsors
13 Co-sponsors
1 Multi-sponsor
History
- Ordered to third reading cal.187
- Advanced to third reading cal.141
- Reported
- Reported referred to codes
- Referred to judiciary
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Extend Toxic Tort Filing Deadline
In Senate Committee · Judiciary · Sponsor James Sanders Jr.
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4879
2019-2020 Regular Sessions
IN ASSEMBLY
February 5, 2019
Introduced by M. of A. RAMOS -- read once and referred to the Committee on Judiciary
AN ACT to amend the civil practice law and rules, in relation to time limitations for filing claims for certain injuries
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 4 of section 214-c of the civil practice law and rules, as added by chapter 682 of the laws of 1986, is amended to read as follows:
4. Notwithstanding the provisions of subdivisions two and three of this section, where the discovery of the specific toxic etiological cause of the injury, including the source of the alleged harm, is alleged to have occurred less than [five] ten years after discovery of the injury or when with reasonable diligence such injury should have been discovered, whichever is earlier, an action may be commenced or a claim filed within [one year] three years of such discovery of the cause of the injury; provided, however, if any such action is commenced or claim filed after the period in which it would otherwise have been authorized pursuant to subdivision two or three of this section the plaintiff or claimant shall be required to allege and prove that technical, scientific or medical knowledge and information sufficient to ascertain the cause of his injury had not been discovered, identified or determined, or that after diligent effort the cause was not known by the plaintiff or claimant, prior to the expiration of the period within which the action or claim would have been authorized and that he has otherwise satisfied the requirements of subdivisions two and three of this section.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07466-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.