Latent diseases including mesothelioma, asbestosis, and many cancers manifest years or decades after exposure. Latency periods vary by disease and are used to assess whether an exposure could have caused a given condition.
The discovery rule addresses the limitations problem latency creates.
Alternative Names:
Latency, Long-Latency Disease
Why it Matters?
Latency cuts both ways in defense. It creates the discovery rule that keeps decades-old claims viable, but it also establishes a minimum interval, so a disease manifesting sooner than the recognized minimum latency after an alleged exposure could not have been caused by it. That argument is available where a claimant's alleged exposure is recent relative to the disease's known latency profile.
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Related terms
Frequently asked questions
How does latency help the defense?
What limitations rule applies?
