Bill

Bill > A01190


NY A01190

Provides that in toxic tort cases the date of discovery of the injury by the plaintiff or claimant is presumed to be the date of diagnosis and where the specific toxic etiological cause of injury is not known for up to ten years (instead of five years) after the injury itself is discovered a plaintiff shall have three years to file a claim from the time such specific cause is discovered.


summary

Introduced
01/09/2025
In Committee
01/09/2025
Crossed Over
Passed
Dead

Introduced Session

2025-2026 General Assembly

Bill Summary

AN ACT to amend the civil practice law and rules, in relation to time limitations for filing claims for certain injuries

AI Summary

This bill modifies the existing New York civil practice law and rules regarding time limitations for filing toxic tort claims, extending the period for discovering the specific cause of an injury. Under the new provisions, the date of injury discovery is presumed to be the date of diagnosis, and if the specific toxic cause of an injury is not known for up to ten years (increased from the previous five-year limit) after the injury's discovery, a plaintiff will have three years from the time the cause is identified to file a claim. The bill also requires plaintiffs who file claims outside the standard time frame to prove that they could not have reasonably discovered the technical, scientific, or medical knowledge about the injury's cause earlier through diligent effort. These changes aim to provide more flexibility for individuals seeking legal recourse in complex toxic exposure cases where the connection between an injury and its cause may not be immediately apparent.

Committee Categories

Justice

Sponsors (10)

Last Action

referred to judiciary (on 01/09/2025)

bill text


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