미국법상 전자파에 의한 손해와 불법행위책임

Abstract

Modern living entails exposure to electromagnetic fields(EMFs), which are generated by various sources of electric or electronic devices. And there is growing concern that plaintiffs will bring large numbers of lawsuits alleging harm as a result of exposure to EMFs. This article explores tort theories and tort claims that were brought seeking recovery for some types of EMF-related injuries in the United States. Firstly, it surveys research into the effects of EMF exposures on the human body in the U.S. However, the current science may not be able to provide conclusive answers to the question of causation. Secondly, it identified the personal injury litigants, and set forth the elements of the plaintiff's prima facie case for negligence, product liability, and strict liability in the EMF context. However, EMF personal litigations have been marked by defense victories because the current state of the scientific evidence is inadequate to support the plaintiffs’ burden of proving the existence of a causal connection between EMF exposure and various diseases. Thirdly, it examined the plaintiff's case for damage to land under tort theories of trespass and private nuisance. It also examined how the theories were applied in cases. Although property-based claims have been frequently brought in EMF-suits, such claims have not been met with great success in EMF litigation. Resolution of tort claims in the EMF context are exceedingly complex. Despite prevailing uncertainty regarding whether EMFs do in fact cause health risks, litigants will bring their claims to court.