Since 1978 · Attorney Advertising
Is it too late for a lead poisoning claim in New York?
The Â鶹´«Ã½¹ÙÍø has been helping victims of lead poisoning and serious personal injuries for more than 40 years, and we are proud of that legacy. It may not be too late. The time to bring a claim depends on who owned or ran the building, how old the child was when the claim arose, when the injury was discovered, and whether a public body such as the City, NYCHA, or the Department of Education is involved. Please call for a free consultation before you assume either outcome.
A private building
An action to recover damages for a personal injury must generally be commenced within three years (CPLR 214). When the injury comes from the latent effects of exposure to a substance, CPLR 214-c measures those three years from discovery of the injury, or from when the injury should have been discovered with reasonable diligence, whichever is earlier.
The three years generally run from discovery of the injury itself, not from a later discovery of what caused it. Which event counts as discovery in a childhood lead case, such as an elevated blood lead result or a later diagnosis, depends on the facts.
If the child was under eighteen when the claim accrued (CPLR 105), CPLR 208 adds time; it does not shorten the ordinary period.
How those statutes fit one child’s claim is fact-specific.
City of New York
Where a notice of claim is required against a public corporation, General Municipal Law § 50-e generally requires service within ninety days after the claim arises. Against a city or a school district, § 50-i also requires at least thirty days between service of the notice and suit (forty if the notice was served through the Secretary of State), and requires the action to be commenced within one year and ninety days after the happening of the event on which the claim is based.
For a latent exposure, CPLR 214-c (3) treats the date the injury was discovered, or should have been discovered, whichever is earlier, as the date the claim accrued for these notice and filing periods.
If a notice of claim was not served in time, a court may permit a late notice under § 50-e (5), but not beyond the time allowed to commence the action. The court considers in particular whether the public corporation, its attorney, or its insurer learned the essential facts within the ninety days or a reasonable time after, and it also weighs other circumstances, including whether the claimant was an infant. Permission is discretionary, not automatic. Infancy can affect both periods, and the firm reviews that question for each child. A demand for an examination under § 50-h does not extend the time to sue (§ 50-i (3)).
Claims against the City are presented to the New York City Comptroller, and Administrative Code § 7-201 requires at least thirty days after presentment before an action is filed.
NYCHA
NYCHA is not the City. A notice of claim against NYCHA is served on NYCHA, not on the City Comptroller. Public Housing Law § 157 applies the notice of claim rules of General Municipal Law § 50-e and requires an action against the authority to be commenced within one year and ninety days after the cause of action accrued, after a thirty-day waiting period. Infancy can affect both periods, and the firm reviews that question for each child. See also NYCHA public housing.
A city school or the Department of Education
For a tort claim against a school district or board of education, Education Law § 3813 (2) requires a notice of claim under General Municipal Law § 50-e and an action commenced under § 50-i. Serving the right public body matters: § 50-e (5) lists an excusable mistake about which public corporation to serve as one circumstance a court weighs on a late-notice request. Related: Schools and day care.
What to have ready when you call
No page can say whether one child’s claim is timely. When the injury was discovered and which public body (if any) had to receive a notice of claim both depend on the facts. When you call The Â鶹´«Ã½¹ÙÍø, have ready the child’s date of birth, the date of the first elevated blood lead test, the address, whether the building is private, NYCHA, or a city school, and a copy of any notice of claim already served.
There is no fee to speak to us or for us to evaluate your potential case.
Lead poisoning information
Attorney advertising. This page is general information about New York time limits. It is not legal advice and does not decide whether any claim is timely. A telephone call or online inquiry does not create an attorney-client relationship. The firm represents a client only if it agrees to do so. Please do not send medical records until representation has been agreed.