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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1190
SPONSOR: Ramos 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 2 of section 214-c of the civil practice laws and rules, as
added by chapter 682 of the laws of 1986 is amended to clarify that the
date of discovery of the injury by the plaintiff is presumed to be the
date of the diagnosis was conveyed to the plaintiff or claimant.
Subdivision 4 of the same section adds clarifying language and increases
to ten years after discovery the ability to commence or file a claim to
three years of such discovery.
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.4472A of 2023-24 amended on third reading
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.
STATE OF NEW YORK
________________________________________________________________________
1190
2025-2026 Regular Sessions
IN ASSEMBLY
January 9, 2025
___________
Introduced by M. of A. RAMOS, R. CARROLL, COLTON, JACOBSON, GLICK,
SAYEGH, SIMON, ROSENTHAL, TAYLOR, WEPRIN -- read once and referred 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 Assem-bly, do enact as follows:
1 Section 1. Subdivision 2 of section 214-c of the civil practice law
2 and rules, as added by chapter 682 of the laws of 1986, is amended to
3 read as follows:
4 2. Notwithstanding the provisions of section 214, the three year peri-
5 od within which an action to recover damages for personal injury or
6 injury to property caused by the latent effects of exposure to any
7 substance or combination of substances, in any form, upon or within the
8 body or upon or within property must be commenced shall be computed from
9 the date of discovery of the injury by the plaintiff, which is presumed
10 to be the date the diagnosis was conveyed to the plaintiff or claimant,
11 or from the date when through the exercise of reasonable diligence such
12 injury should have been discovered by the plaintiff, whichever is earli-
13 er.
14 § 2. Subdivision 4 of section 214-c of the civil practice law and
15 rules, as added by chapter 682 of the laws of 1986, is amended to read
16 as follows:
17 4. Notwithstanding the provisions of subdivisions two and three of
18 this section, where the discovery of the specific toxic etiological
19 cause of the injury, including the source of the alleged harm, is
20 alleged to have occurred less than [five] ten years after discovery of
21 the injury or when with reasonable diligence such injury should have
22 been discovered, whichever is earlier, an action may be commenced or a
23 claim filed within [one year] three years of such discovery of the cause
24 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
A. 1190 2
1 claim filed after the period in which it would otherwise have been
2 authorized pursuant to subdivision two or three of this section the
3 plaintiff or claimant shall be required to allege and prove that techni-
4 cal, scientific or medical knowledge and information sufficient to
5 ascertain the cause of [his] the plaintiff or claimant's injury had not
6 been discovered, identified or determined, or that after diligent effort
7 the cause was not known by the plaintiff or claimant, prior to the expi-
8 ration of the period within which the action or claim would have been
9 authorized and that [he] the plaintiff or claimant has otherwise satis-
10 fied the requirements of subdivisions two and three of this section.
11 § 3. This act shall take effect immediately.
