Torts Commons^™

Toward A Time-Of-Discovery Rule For The Statute Of Limitations In Latent Injury Cases In New York State , Steven L. White

Fordham Urban Law Journal

Traditional statutes of limitations begin to run when a cause of action first could have been maintained by the plaintiff. Yet when the wrongful act and the injury do not occur simultaneously, a complex problem arises: when does the cause of action accrue? This is a relevant problem is various toxic tort lawsuits. There are various responses to the question of when the cause of action accrues: (1) when the wrongful act occurs, (2) when the plaintiff is injured, (3) when the plaintiff discovers his injury, and (4) when the plaintiff discovers the connection between the injury and the defendant's …