What's happening
This bill extends and clarifies the time limits for filing claims related to injuries from latent toxic exposure in New York.
Why it matters
Clarifies the start date for filing lawsuits. The bill defines the "date of discovery" of an injury from toxic exposure as the date the diagnosis is given to the plaintiff or claimant, unless reasonable diligence would have led to an earlier discovery. This reduces ambiguity and could help more victims understand when their legal clock starts.
Extends the window to link injury to a specific toxic cause. Victims now have up to ten years (up from five) after discovering their injury to identify and sue based on the specific cause (such as a particular toxic substance or source), which is crucial for diseases with long latency periods or when the source is initially unclear.
Gives more time to file after identifying the cause. Once the specific cause is discovered, the bill increases the time to file a claim from one year to three years. This helps those who face delays due to evolving science or challenges in tracing toxic exposures.
Requires proof of why cause wasn’t discovered earlier. To use these extended timeframes, claimants must show that the technical, scientific, or medical knowledge needed to identify the cause wasn’t available or wasn’t discoverable despite diligent effort. This ensures that only those truly unable to identify the cause in time benefit from the extension, balancing fairness to both plaintiffs and potential defendants.
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Who cares
Headline styles
Extend Toxic Tort Filing Time
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 Injury Claims Deadline
In Senate Committee · Judiciary · Sponsor James Sanders Jr.
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1190
2025-2026 Regular Sessions
IN ASSEMBLY
January 9, 2025
Introduced by M. of A. RAMOS, R. CARROLL, COLTON, JACOBSON, GLICK, SAYEGH, SIMON, ROSENTHAL, TAYLOR, WEPRIN -- 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 2 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:
2. Notwithstanding the provisions of section 214, the three year period within which an action to recover damages for personal injury or injury to property caused by the latent effects of exposure to any substance or combination of substances, in any form, upon or within the body or upon or within property must be commenced shall be computed from the date of discovery of the injury by the plaintiff, which is presumed to be the date the diagnosis was conveyed to the plaintiff or claimant, or from the date when through the exercise of reasonable diligence such injury should have been discovered by the plaintiff, whichever is earlier.
§ 2. 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02381-01-5
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] the plaintiff or claimant's 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] the plaintiff or claimant has otherwise satisfied the requirements of subdivisions two and three of this section.
§ 3. This act shall take effect immediately.
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.