Plain English Explanation
CPLR § 214-c provides an exception to the standard statute of limitations in personal injury cases. It allows the clock to start when the injury is discovered, rather than when the exposure or event occurred — but only for latent injuries caused by exposure to harmful substances or medical devices.
Real-Life Examples
- Example 1: A worker exposed to asbestos in the 1990s develops mesothelioma in 2023. The statute starts when diagnosed, not when exposed.
- Example 2: A faulty medical implant inserted in 2015 causes pain discovered in 2021. The claim is timed from discovery.
Why This Law Matters
Without this rule, victims of delayed-onset illnesses would be denied justice simply because the harm wasn’t immediately visible. The discovery rule ensures fairness in cases involving environmental toxins, faulty products, and medical devices.
Key Limitations and Conditions
- The rule applies only to exposure to substances or products causing latent injuries.
- Once the injury is discovered, plaintiffs typically have 3 years to file.
- A separate 1-year window may apply if the source of injury wasn’t known immediately upon diagnosis.
Key Legal Terms
- Latent Injury: An injury that doesn’t manifest symptoms until long after exposure.
- Discovery Rule: The statute begins when the injury is discovered, not when exposure occurred.
- Exposure: Contact with a harmful chemical, agent, or device.
Frequently Asked Questions
Q1: Can I sue decades after exposure?
A: Yes, if your injury only recently became known and fits within CPLR § 214-c.
Q2: What if I didn’t know the cause of my illness?
A: You have 1 additional year to sue from the date you learned the source of the injury.
Q3: Is this rule only for toxic exposure?
A: Mostly yes — it applies to harmful substances, products, and similar causes with delayed effects.
Legal References and Case Example
Expert Commentary
This law is a lifeline for victims of industrial harm. From asbestos to groundwater contamination, many injuries remain hidden for years. However, this rule is technical and narrowly applied. It’s critical to document the discovery date and consult counsel as soon as a latent injury emerges.
User Experiences
- “I never knew my illness was caused by work. The law gave me a second chance.” – Ron L., Staten Island
- “This rule helped my family after years of not knowing what hurt us.” – Susan G., Elmira
