REFERENCE TITLE: asbestos claims; required information; liability State of Arizona Senate Fifty-fifth Legislature Second Regular Session 2022 SB 1157 Introduced by Senators Leach: Borrelli, Kerr, Livingston, Shope AN ACT amending title 12, chapter 6, article 19, Arizona Revised Statutes, by adding sections 12-783 and 12-784; relating to asbestos liability. (TEXT OF BILL BEGINS ON NEXT PAGE)
REFERENCE TITLE: asbestos claims; required information; liability
State of Arizona Senate Fifty-fifth Legislature Second Regular Session 2022
SB 1157
Introduced by Senators Leach: Borrelli, Kerr, Livingston, Shope
REFERENCE TITLE: asbestos claims; required information; liability
State of Arizona
Senate
Fifty-fifth Legislature
Second Regular Session
2022
SB 1157
Introduced by
Senators Leach: Borrelli, Kerr, Livingston, Shope
AN ACT
amending title 12, chapter 6, article 19, Arizona Revised Statutes, by adding sections 12-783 and 12-784; relating to asbestos liability.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona: Section 1. Title 12, chapter 6, article 19, Arizona Revised Statutes, is amended by adding sections 12-783 and 12-784, to read: START_STATUTE12-783. Asbestos personal injury claim; sworn statement; required information; dismissal; definition A. In any action involving a personal injury claim arising from exposure to asbestos and In addition to any requirements for asbestos exposure related claims prescribed in section 12-782, a plaintiff shall file a sworn statement within thirty days after any asbestos action is filed. The sworn statement shall specify the evidence that provides the basis for each claim against each defendant and shall include all of the following with specificity: 1. The name, address, date of birth, marital status, occupation, smoking history, current and past worksites and current and past employers for the exposed person and any person through whom the exposed person was exposed to asbestos. 2. Each person who is knowledgeable regarding the plaintiff's exposures. 3. Each asbestos-containing product to which the person was exposed or the other person was exposed if exposure was through another person. 4. The identity of the manufacturer or seller of the specific asbestos product for each exposure. 5. The specific location and manner of each exposure, including for any person through whom the exposed person was exposed to asbestos. 6. The beginning and ending dates of each exposure, the frequency and length of each exposure and the proximity of the asbestos-containing product or its use to the exposed person and any person through whom the exposed person was exposed to asbestos. 7. The specific asbestos-related disease claimed to exist. 8. Any supporting documentation relating to the information required by this subsection. B. A plaintiff has a continuing duty to supplement the information that is required to be disclosed pursuant to subsection A of this section. C. On motion by a defendant, the court shall dismiss a plaintiff's claim without prejudice as to any defendant whose product or premises is not identified in the required disclosures set forth in subsection A of this section. D. On motion by a defendant, the court shall dismiss a plaintiff's claim without prejudice as to all defendants if the plaintiff fails to comply with the requirements of this section. E. For the purposes of this section, "personal injury claim" has the same meaning prescribed in section 12-782. END_STATUTE START_STATUTE12-784. Nonliability for third-party asbestos products; definition A. A defendant in any product liability action arising from exposure to asbestos is not liable for exposures from a later-added asbestos-containing product that was manufactured, distributed or sold by a third party. B. For the purposes of this section, "product liability action" has the same meaning prescribed in section 12-681. END_STATUTE Sec. 2. Applicability Sections 12-783 and 12-784, Arizona Revised Statutes, as added by this act, apply to personal injury claims arising from exposure to asbestos that are filed on or after the effective date of this act.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 12, chapter 6, article 19, Arizona Revised Statutes, is amended by adding sections 12-783 and 12-784, to read:
START_STATUTE12-783. Asbestos personal injury claim; sworn statement; required information; dismissal; definition
A. In any action involving a personal injury claim arising from exposure to asbestos and In addition to any requirements for asbestos exposure related claims prescribed in section 12-782, a plaintiff shall file a sworn statement within thirty days after any asbestos action is filed. The sworn statement shall specify the evidence that provides the basis for each claim against each defendant and shall include all of the following with specificity:
1. The name, address, date of birth, marital status, occupation, smoking history, current and past worksites and current and past employers for the exposed person and any person through whom the exposed person was exposed to asbestos.
2. Each person who is knowledgeable regarding the plaintiff's exposures.
3. Each asbestos-containing product to which the person was exposed or the other person was exposed if exposure was through another person.
4. The identity of the manufacturer or seller of the specific asbestos product for each exposure.
5. The specific location and manner of each exposure, including for any person through whom the exposed person was exposed to asbestos.
6. The beginning and ending dates of each exposure, the frequency and length of each exposure and the proximity of the asbestos-containing product or its use to the exposed person and any person through whom the exposed person was exposed to asbestos.
7. The specific asbestos-related disease claimed to exist.
8. Any supporting documentation relating to the information required by this subsection.
B. A plaintiff has a continuing duty to supplement the information that is required to be disclosed pursuant to subsection A of this section.
C. On motion by a defendant, the court shall dismiss a plaintiff's claim without prejudice as to any defendant whose product or premises is not identified in the required disclosures set forth in subsection A of this section.
D. On motion by a defendant, the court shall dismiss a plaintiff's claim without prejudice as to all defendants if the plaintiff fails to comply with the requirements of this section.
E. For the purposes of this section, "personal injury claim" has the same meaning prescribed in section 12-782. END_STATUTE
START_STATUTE12-784. Nonliability for third-party asbestos products; definition
A. A defendant in any product liability action arising from exposure to asbestos is not liable for exposures from a later-added asbestos-containing product that was manufactured, distributed or sold by a third party.
B. For the purposes of this section, "product liability action" has the same meaning prescribed in section 12-681. END_STATUTE
Sec. 2. Applicability
Sections 12-783 and 12-784, Arizona Revised Statutes, as added by this act, apply to personal injury claims arising from exposure to asbestos that are filed on or after the effective date of this act.