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2021 SPECIAL SESSION I

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HB 2139 Accrual of cause of action; diagnosis of latent injury.

Introduced by: Elizabeth R. Guzman | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Accrual of cause of action; diagnosis of latent injury. Provides that a cause of action for a latent injury resulting from the exposure to a substance or the use of a product shall accrue when the person knew or should have known of the injury and its causal connection to an injury-causing substance or product.

SUMMARY AS PASSED HOUSE:

Accrual of cause of action; diagnosis of latent injury or disease. Provides that a cause of action for a latent injury shall accrue when such injury and its causal connection to an injurious or disease-causing substance, product, or circumstance is first communicated to the injured person or his agent by a physician. The bill further provides that a diagnosis of a nonmalignant substance-related, product-related, or circumstance-related latent injury or disease shall not accrue an action based upon the subsequent diagnosis of a malignant substance-related latent injury or disease.

SUMMARY AS INTRODUCED:

Accrual of cause of action; diagnosis of latent injury or disease. Provides that a cause of action for a latent injury shall accrue when such injury and its causal connection to an injurious or disease-causing substance is first communicated to the injured person or his agent by a physician. The bill further provides that a diagnosis of a nonmalignant substance-related latent injury or disease shall not accrue an action based upon the subsequent diagnosis of a malignant substance-related latent injury or disease.