Not sure if this question is personal injury so please advise what law if this is not correct.We bought property in 1999, since that time it has been discovered that the property land is contaminated with toxic chemicals. There has been meetings and news articles from the DEC as recently as a few days ago that that this contamination does pose a public health risk. The companies that are responisble for the contamination have been idenitifed. Luckily we were on public water and don;t have to drink contaminated water, however we have over the years used the land to plant and eat various vegatatio. We are a family of 4 who have had various health issues that we are now wondering if they are related to this contamination. Plus I am worried about any future health issues this may have caused that has not surfaced yet Is there anything we can do about it? By the way, the area I am referring to has been officially declared as toxic waste superfund site by the EPA. Can you please advise of our options legally.
State/Country relating to question: New York
I am sorry to hear this. You will need a local attorney to assist you.ftp://4133aaa2.cst.lightpath.net/rivkinradler/Publications/newformat/200409centola.shtmlstates:"For many years, courts in New York ruled that the statute of limitations in Toxic Tort cases began to run as of the date of exposure, regardless of the date on which the injury was discovered. As part of its 1986 tort reform package, however, the New York State Legislature added a new section to the law, CPLR 214-c (2), creating a date of discovery statute of limitations for toxic torts. CPLR 214-c (2) provides, in pertinent part:Notwithstanding the provisions of section 214, the three year period within which an action to recover damages for . . . injury to property caused by the latent effects of exposure to any substance . . . upon or within property must be commenced shall be computed from the date of discovery of the injury by the plaintiff or from the date when through the exercise of reasonable diligence such injury should have been discovered by the plaintiff, whichever is earlier."You can get a free consultation from some of the so-called toxic tort lawyers listed by location athttp://lawyers.findlaw.com/lawyer/practicestate/Toxic-Torts/New-YorkI hope this information is helpful.
thanks. However the first link you sent me does not work. Could you resend please.
I am sorry about the link, it is not working for me either. You can find it as the first result if you google "Strict Compliance Of New York's Toxic Tort Discovery Rule By: Gary D. Centola"
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