Action to recover damages for personal injury caused by contact with or exposure to toxic burn pits · as in force on May 31, 2026
* § 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
For armed-forces exposure to toxic burn pits in a long list of countries on/after Aug 2, 1990: 3 years from discovery of the injury (or when the cause should have been discovered), whichever is later. ★ Lists covered diseases (cancers, chronic bronchitis, COPD, pulmonary fibrosis, etc.).
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
This provision appears in Volume 2 — The JG-22 CPLR and in Volume 1 — The JG-22 in Plain English.