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Senate Bill 0454


Senate Bill 0454

ARCHIVE (2007)

Latest Information

 

DIGEST OF INTRODUCED BILL


Silicosis. Provides that civil actions alleging a silica or mixed dust disease claim may not be maintained unless the plaintiff: (1) makes a prima facie showing that the plaintiff has a physical impairment and that the plaintiff's exposure to silica or mixed dust is a substantial contributing factor to the physical impairment; and (2) establishes technical and other standards for making the prima facie showing. Requires a court to dismiss a silica or mixed dust claim without prejudice if the plaintiff does not make a prima facie showing within 120 days after the filing of the claim. Specifies that the statute of limitations does not begin to run until the plaintiff discovers or should have discovered the disease or injury. Provides that a premises owner is not liable for injury to an individual resulting from exposure unless the exposure occurred while the individual was on the premises owner's property. Specifies that a civil action may be filed only in the venue: (1) where the plaintiff resides; or (2) where the exposure to silica, mixed dust, or both, that was a substantial contributing factor to the plaintiff's physical impairment occurred.
    Current Status:
     In Committee - first House
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