Are there any legal restrictions on filing a Paraquat lawsuit?
Yes, there are legal restrictions on filing a Paraquat lawsuit in California. Generally, any claim alleging injury or death due to exposure to the herbicide must be filed within two years of discovering the injury or death. This time period is known as the statute of limitations. Additionally, Paraquat lawsuits are subject to the California right-of-recovery law. This law provides that any award for damages for injury or death due to Paraquat must be apportioned between the claimant and other responsible parties or products that may have caused or contributed to the injury or death. Furthermore, if the plaintiff is claiming over $10,000 in damages, the case is required to be presented in a California Superior Court. This is because the Superior Courts are the only courts with the jurisdiction to hear cases involving such large dollar amounts. Lastly, a plaintiff must be able to prove that their Paraquat exposure was the direct cause of their injury or death. This can be difficult to do, as Paraquat is a widely used herbicide and there are many potential sources of exposure. Therefore, plaintiffs must have strong evidence to support their claim.
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