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NY S07474
Bill
Status
4/17/2025
Primary Sponsor
Brad Hoylman-Sigal
Click for details
AI Summary
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Creates a new legal cause of action allowing individuals exposed to toxic substances to sue for medical monitoring costs, even without a current injury or disease
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Requires plaintiffs to prove by preponderance of evidence: possible exposure from an unauthorized release, probable link between exposure and latent disease, increased risk of developing the disease, and that diagnostic testing is reasonably necessary
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Defines "toxic substance" to include chemicals classified as hazardous by the EPA or Agency for Toxic Substances and Disease Registry, substances designated by the state commissioner, or substances proven toxic through evidence
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Permits class action certification for medical monitoring claims and preserves all other existing civil remedies, including future claims if a latent disease actually manifests
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Establishes statute of limitations matching existing toxic exposure rules under CPLR 214-c, or within one year of the act's effective date, whichever is longer
Legislative Description
Establishes a cause of action for medical monitoring for a person with or without a present injury or disease; establishes a statute of limitation for such cause of action.
Last Action
REFERRED TO ENVIRONMENTAL CONSERVATION
4/17/2025