For exposure to a toxic substance, when does the statute of limitations begin?

For exposure to a toxic substance, when does the statute of limitations begin?

• A. Three years from injury
• B. Three years from discovery
• C. Three years from the earlier of discovery of injury, or the date injury should have been discovered with reasonable diligence
• D. Three years from first exposure

Answer: (C)

When you’re dealing with exposure to a toxic substance, injuries can be latent and not immediately obvious. The time limit isn’t tied to the exposure date or the moment injury occurs; it’s tied to when the plaintiff knows or should know there is an injury and that it’s linked to the exposure. The clock starts at the earliest of two events: actual discovery of the injury, or the date by which the injury should have been discovered with reasonable diligence. Then the three-year period runs from that triggering date. This protects someone who didn’t realize they were harmed right away, while also preventing indefinite delay if they could have discovered the injury earlier with ordinary care. So the correct rule is that the limitations period begins at whichever happens first: discovery of the injury, or the date it should have been discovered with reasonable diligence.

When you’re dealing with exposure to a toxic substance, injuries can be latent and not immediately obvious. The time limit isn’t tied to the exposure date or the moment injury occurs; it’s tied to when the plaintiff knows or should know there is an injury and that it’s linked to the exposure. The clock starts at the earliest of two events: actual discovery of the injury, or the date by which the injury should have been discovered with reasonable diligence. Then the three-year period runs from that triggering date. This protects someone who didn’t realize they were harmed right away, while also preventing indefinite delay if they could have discovered the injury earlier with ordinary care. So the correct rule is that the limitations period begins at whichever happens first: discovery of the injury, or the date it should have been discovered with reasonable diligence.