Latency Periods And The Statute Of Limitations

Law360, New York (January 3, 2011, 4:14 PM EST) -- How much time does it take for a sickness to be latent? Days, months or years perhaps? Many courts struggle with this question in the realm of toxic torts. At times, personal injuries emerge decades after exposure to a harmful substance. In response, many states toll the statute of limitations to allow remedies for these victims.[1]

But what of those illnesses that manifest themselves shortly after exposure — the so-called “short-term” latency disease? Should courts allow delayed discovery there as well? And if they do, doesn’t...
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