What's happening
This bill extends the time limits for filing claims related to toxic injuries, allowing more time to discover and act on the cause.
Why it matters
Expands the window for discovering both the specific toxic cause and its source. , acknowledging that it can take significant time and technical expertise to identify the exact agent and origin of harm in toxic injury cases.
Triples the time allowed to file a claim after discovering the toxic cause—from one year to three years. , giving victims more opportunity to pursue justice once they finally learn what or who caused their injury.
Extends the maximum period to discover the cause from five years to ten years after injury discovery. , recognizing that the effects and origins of toxic exposure may not become clear until many years later, especially with slow-developing diseases.
Requires plaintiffs to show that the cause could not have been known earlier, even with diligent effort. , which balances the extended timeframe with a safeguard against frivolous or stale claims, ensuring only those who truly couldn’t have discovered the harm sooner benefit from the new rules.
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Who cares
Headline styles
Extend Toxic Tort Filing Deadline
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to judiciary
- 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 Claim Filing Time
Assembly Floor Calendar · Sponsor Philip Ramos
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4920
2019-2020 Regular Sessions
IN SENATE
March 29, 2019
Introduced by Sen. SANDERS -- read twice and ordered printed, and when printed to be committed 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.
Sponsor's memo
Title of bill
An act to amend the civil practice law and rules, in relation to time limitations for filing claims for certain injuries
Purpose or general idea of bill
To amend the Civil Practice Law and Rules in relation to time limita- tions for filing claims for certain injuries.
Summary of specific provisions
Subdivision 4 of section 214-c of the Civil Practice Laws and Rules, as added by chapter 682 of the laws of 1986 is amended.
Justification
This bill would amend the present law to allow for greater time in filing a civil law suit due to an injury caused by specific toxic ecological factors. With the advance of technology, society creates new toxins every day. Some of these toxins may take many years to manifest themselves to warrant such a law suit, while others may not even be known to be the cause of illness until the deadline is passed. Conse- quently, it would be unjust to prohibit citizens from seeking compen- sation due to the lengthy time it may have taken to determine the cause of their injury. The statute of limitations in these causes of action would be increased from five to ten years.
Prior legislative history
A4845 of 2017-18 ordered to third reading cal.343 A4441 of 2015-16 referred to judiciary A6137 of 2013-14 referred to judiciary A3714 of 2011-12 referred to judiciary A4187 of 2009-10 referred to judiciary A4274 of 2007-08 referred to judiciary A5933 of 2005-06 referred to judiciary
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.