What's happening
This bill extends the time limits for filing certain injury claims related to toxic exposure and clarifies rules for determining discovery dates.
Why it matters
Helps victims who face delayed diagnoses. By making the date a diagnosis is communicated the default “discovery” date, this bill addresses situations where illnesses from toxic exposure take years to appear, giving affected individuals a more predictable window to file claims.
Expands time to identify the cause. The extension from five to ten years for discovering the “specific toxic etiological cause” and from one to three years to file after that discovery means people harmed by slowly revealed or newly understood toxins have more realistic timeframes to pursue legal action.
Clarifies proof burden for late claims. The bill spells out that plaintiffs filing after the standard period must show that scientific or technical knowledge about the cause wasn’t available earlier, or that they couldn’t have discovered the cause even with diligent effort—potentially making it easier to argue for an exception if new science emerges.
Encourages accountability for long-term hazards. By recognizing the challenges in tracing and diagnosing toxic injuries, the bill could incentivize companies and institutions to be more transparent about potential risks and more proactive in monitoring long-term health impacts.
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Who cares
People with latent injuries from toxic exposure
The bill would presume discovery occurred when a diagnosis was conveyed, while retaining the earlier reasonable-diligence discovery rule.
Property owners with latent contamination damage
The bill would expand the delayed-cause discovery window from five to ten years and allow three years, rather than one, to file after discovering the specific toxic cause, including its source.
Toxic tort plaintiffs’ attorneys
The bill would let claimants seeking to file beyond the ordinary deadline prove that the cause remained unknown despite diligent effort, as an alternative to showing that sufficient scientific, technical or medical knowledge was unavailable.
Defendants in toxic exposure lawsuits
The bill would extend potential filing periods for claims involving later discovery of an injury’s specific toxic cause and source.
Headline styles
Extend Toxic Injury Claims Deadline
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to judiciary
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.1418
- 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 Time
In Assembly Committee · Judiciary · Sponsor Philip Ramos
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
727
2025-2026 Regular Sessions
IN SENATE (Prefiled)
January 8, 2025
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 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.
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 lawsuit, while others may not even be known to be the cause of illness until the deadline is passed. Consequently, it would be unjust to prohibit citizens from seeking compensation due to the lengthy time it may have taken to determine the cause of their inju- ry. The statute of limitations in these causes of action would be increased from five to ten years.
Prior legislative history
A.5031 of 2021-22 ordered to third reading cal.162 A.4879 of 2019-20 ordered to third reading cal.187
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.