Legislation
SECTION 214-I*2
Action to recover damages for personal injury caused by contact with or exposure to toxic burn pits
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 2
* § 214-i. Action to recover damages for personal injury caused by
contact with or exposure to toxic burn pits. 1. Notwithstanding any
provision of law to the contrary, an action to recover damages for
personal injury caused by exposure to toxic burn pits while serving as a
member of the armed forces of the United States in Afghanistan, Bahrain,
Burkina Faso, Cameroon, Chad, Diego Garcia, Djibouti, Egypt, Ethiopia,
Gabon, Ghana, Iraq, Jordan, Kenya, Kuwait, Kyrgyzstan, Libya, Mali,
Niger, Nigeria, Oman, Pakistan, Philippines, Saudi Arabia, Somalia,
South Sudan, Sudan, Syria, Tajikistan, Tunisia, Turkey, United Arab
Emirates, Uzbekistan, and Yemen on or after August second, nineteen
hundred ninety, may be commenced within three years from the date of the
discovery of such injury, or within three years from the date when
through the exercise of reasonable diligence the cause of such injury
should have been discovered, whichever is later.
2. For the purposes of this section, a personal injury includes, but
shall not be limited to the following diseases: asthma that was
diagnosed after service in a country or territory listed, cancer of any
type, chronic bronchitis, chronic obstructive pulmonary disease,
constrictive bronchiolitis or obliterative bronchiolitis, emphysema,
granulomatous disease, interstitial lung disease, lymphoma, pleuritis,
pulmonary fibrosis, and sarcoidosis.
* NB There are 2 § 214-i's
contact with or exposure to toxic burn pits. 1. Notwithstanding any
provision of law to the contrary, an action to recover damages for
personal injury caused by exposure to toxic burn pits while serving as a
member of the armed forces of the United States in Afghanistan, Bahrain,
Burkina Faso, Cameroon, Chad, Diego Garcia, Djibouti, Egypt, Ethiopia,
Gabon, Ghana, Iraq, Jordan, Kenya, Kuwait, Kyrgyzstan, Libya, Mali,
Niger, Nigeria, Oman, Pakistan, Philippines, Saudi Arabia, Somalia,
South Sudan, Sudan, Syria, Tajikistan, Tunisia, Turkey, United Arab
Emirates, Uzbekistan, and Yemen on or after August second, nineteen
hundred ninety, may be commenced within three years from the date of the
discovery of such injury, or within three years from the date when
through the exercise of reasonable diligence the cause of such injury
should have been discovered, whichever is later.
2. For the purposes of this section, a personal injury includes, but
shall not be limited to the following diseases: asthma that was
diagnosed after service in a country or territory listed, cancer of any
type, chronic bronchitis, chronic obstructive pulmonary disease,
constrictive bronchiolitis or obliterative bronchiolitis, emphysema,
granulomatous disease, interstitial lung disease, lymphoma, pleuritis,
pulmonary fibrosis, and sarcoidosis.
* NB There are 2 § 214-i's