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2006 SESSION

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HB 1285 Asbestos or silica; persons exposed to products containing cannot bring civil action, exception.

Introduced by: William H. Fralin, Jr. | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Exposure to asbestos, silica, or products containing asbestos or silica.  Prevents a person from bringing an action for exposure to asbestos, silica, or products containing asbestos or silica unless they have the type of cancer that is specific to those products or that person makes a prima facie showing that the physical ailment is related to exposure to asbestos or silica. The changes explicitly lay out the type of medical evidence necessary to prove a physical ailment is related to asbestos or silica exposure and states that no action may brought for fear of developing cancer from exposure.  Adds a scope of liability section that caps damages for noneconomic loss at $250,000, unless the plaintiff has mesothiloma, in which case the noneconomic loss damages are capped at $500,000.  Also requires, even in cases that are active at the time of enactment, the plaintiff to file a report containing evidence of the medical condition related to asbestos or silica exposure.


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