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
01/09/2025
In Committee
01/09/2025
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)
Phil Ramos (D)*,
Robert Carroll (D),
William Colton (D),
Deborah Glick (D),
Jonathan Jacobson (D),
Linda Rosenthal (D),
Nader Sayegh (D),
Jo Anne Simon (D),
Al Taylor (D),
David Weprin (D),
Last Action
referred to judiciary (on 01/09/2025)
Official Document
bill text
bill summary
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bill summary
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bill summary
Document Type | Source Location |
---|---|
State Bill Page | https://www.nysenate.gov/legislation/bills/2025/A1190 |
BillText | https://assembly.state.ny.us/leg/?default_fld=&bn=A01190&term=2025&Summary=Y&Actions=Y&Text=Y&Committee%26nbspVotes=Y&Floor%26nbspVotes=Y#A01190 |
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