by Alex Brooks
A bill sponsored by State Senator Kathy Marchione revising statute of limitation law relating to “toxic torts” was signed by Governor Cuomo on July 21. The intent of this bill is simple – to preserve the right of people who have been sick [private]and feel their illness was caused by the contaminated water to have their day in court. Current law starts the statute of limitations when the injury occurs. But if the illness occurred some time ago but the plaintiff only learned recently that it might have been caused by the contaminated water, the statute of limitations might already have expired, before the plaintiff has a chance to bring a suit claiming the illness was caused by the contaminated water. Under the new legislation, the plaintiff has three years from the declaration of Superfund status to bring his or her claim.
Assemblyman John McDonald, who sponsored the legislation in the Assembly, where it passed by a vote of 132-7, said, “What distinguishes the injuries suffered by many residents of Hoosick Falls from other exposure cases is that members of this community had no idea they had even been exposed to any hazardous toxins until years after they had become sick.” He said people in Hoosick Falls or others in similar circumstances “should not be denied legal recourse simply because the statute of limitations has run on a claim they never knew that they had.” After Cuomo signed the legislation, Senator Marchione said, “I’m thrilled that Governor Cuomo has signed into state law the bi-partisan statute of limitations legislation that I sponsored with Assemblyman John McDonald. The signing of our bi-partisan bill is a real victory for families in Hoosick Falls, Petersburgh and any other communities where a superfund site has been declared. This new state law means residents in Hoosick Falls, Petersburgh and elsewhere will now receive more time to have their day in court and fully pursue civil justice. I am thankful for the support our bill has received and that it will become law.” Local attorney Ed Gorman, who was involved in an initiative among local attorneys that helped launch the bill last winter, said he is pleased and satisfied to see this legislation become law and protect the rights of those who may have claims. But his next concern is that there are many who have been exposed to PFOA in Hoosick Falls over the last forty years or more who may not know anything about the health risks to which they have been exposed because they have moved away. Those people will not have an opportunity either to make a claim or to set up a program for monitoring their health, and Gorman advocates for an organized effort to contact everyone who may have been exposed to PFOA in Hoosick Falls over the years.[/private]