Bill
Bill > A08046
NY A08046
Establishes the toxic victim justice act to extend the time frame to commence an action for certain victims who were exposed to a toxic substance until one year from the date of discovery of the toxic etiological cause or source of the injury or the date the plaintiff should have discovered the cause or source of the injury.
summary
Introduced
04/22/2025
04/22/2025
In Committee
04/22/2025
04/22/2025
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 the time frame to commence an action for certain victims who were exposed to a toxic substance; and to repeal certain provisions of such law relating thereto
AI Summary
This bill, known as the Toxic Victim Justice Act, modifies New York civil law to extend the time frame for victims to file lawsuits related to toxic substance exposure. Currently, victims have three years from the date of discovering an injury to file a claim, but this bill provides additional flexibility by allowing plaintiffs to commence an action up to one year from the date they discover the specific toxic cause or source of their injury, even if this occurs after the standard three-year period. The bill introduces a presumption that the date of injury discovery is when a diagnosis is conveyed to the plaintiff and requires that when filing a claim outside the original time frame, the plaintiff must prove either that the scientific knowledge to determine the cause was not yet available or that they could not have discovered the cause despite diligent efforts. This change is designed to help victims of toxic exposure who may not immediately know the source of their medical condition, giving them more opportunities to seek legal recourse and compensation for harm caused by toxic substances.
Committee Categories
Justice
Sponsors (2)
Last Action
referred to judiciary (on 04/22/2025)
Official Document
bill text
bill summary
Loading...
bill summary
Loading...
bill summary
Document Type | Source Location |
---|---|
State Bill Page | https://www.nysenate.gov/legislation/bills/2025/A8046 |
BillText | https://assembly.state.ny.us/leg/?default_fld=&bn=A08046&term=2025&Summary=Y&Actions=Y&Text=Y&Committee%26nbspVotes=Y&Floor%26nbspVotes=Y#A08046 |
Loading...