Toxic tort cases involve claims of injuries, usually cancer, arising years or decades after the date of exposure to chemicals. Under New York law, when the statute of limitations may have run is often confusing to the practitioner. A plaintiff can calculate the limitations using New York’s CPLR 214-c or often unused Federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) statutes to timely file a claim. Most recently however, the enactment of CPLR 214-f allows plaintiffs more time to bring a toxic tort claim. See N.Y. CPLR 214-f.
CPLR 214-f was passed in response to the discovery of perfluorooctanoic acid (PFOA) contamination in the public water supply of the Town of Hoosick Falls in New York. This amendment will have significant impacts in the coming years allowing plaintiffs to bring toxic tort claims in connection with newly designated Superfund sites, claims that might otherwise be barred by existing New York statutes of limitations.
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