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
In Committee
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)

bill text


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