Beginning in the 1990's, lawsuits alleging injuries a result of exposure to electromagnetic radiation started to spring up. These lawsuits are based on growing, but perhaps unsubstantiated, evidence that exposure to low level electromagnetic radiation that is given off by power lines, electric blankets, and video display terminals (VDT's) can cause cancer, birth defects, miscarriages, and other health problems. Electromagnetic radiation occurs when voltages produce electric fields and electrical currents produce magnetic fields.
The intrauterine device (IUD) is a form of birth control that became popular in the 1960s. An IUD is a device that is inserted into a woman's body. It prevents a fertilized egg from implanting.
When a person suffers personal injury or property damage due to a product that is defectively designed or manufactured, the injured person has a set time period (called the statute of limitations) in which to file a lawsuit. Statutes of limitations restrict the time period a person has to file a lawsuit. Statutes of limitations vary from state to state. They also vary depending upon the type of lawsuit filed. For example, Ohio law allows a person 6 years to sue for breach of an oral contract and 15 years to sue for breach of a written contract. The Ohio wrongful death law requires a lawsuit to be filed within 2 years after the death occurs. If a claim expired due to the statute of limitations, the defendant (the person being sued) has to raise the statute of limitations as a defense in the lawsuit. If the defense is raised in court, the lawsuit will be barred. If the defendant fails to raise the defense, it is waived and the lawsuit can proceed.
Agent Orange was the code name for a herbicide used by the United States military during the Vietnam War. Agent Orange was used to defoliate trees and bushes to reduce cover for enemy forces. Almost 20 million gallons of Agent Orange were sprayed over the South Vietnam countryside during the war. Several hundred thousand soldiers were exposed to Agent Orange, which contained a toxic by-product known as dioxin. Some veterans who returned from the war began complaining about a variety of ailments.
Products liability is an area of law that covers personal injuries and property damage caused by defective products. A product might be defective because it was improperly designed or manufactured. If a defective product causes personal injuries or property damage, anyone involved in the manufacture or distribution of the product might be liable for injuries caused by the defect. In many states, you can sue the manufacturer, the wholesaler, the distributor, or the store where the defective product was purchased. There are several defenses that can be raised in a products liability lawsuit. This article covers the following defenses: statutes of limitations, contributory negligence and comparative negligence, product misuse and assumption of risk.
