An Act Concerning The Statute Of Repose For Asbestos-related Product Liability Claims.
Impact
If enacted, HB 6067 would significantly affect the legal landscape concerning asbestos-related claims by allowing potentially longer time frames for victims to bring forth lawsuits. Proponents of the bill argue that this change is crucial for justice, especially for those who may not realize they have been harmed until long after the typical repose period has expired. This change could facilitate greater accountability for manufacturers and suppliers of asbestos products and provide a path for victims to seek compensation for their injuries. Furthermore, it may lead to a surge in legal claims as individuals become aware of their rights under the new timeline.
Summary
House Bill 6067 aims to modify the statute of repose for asbestos-related product liability claims. By eliminating this statute, the bill proposes that such claims will instead be governed by a three-year statute of limitations. This limitation would apply from the date the injury, death, or property damage is first realized or discoverable through reasonable care, thus ensuring that claims would not be extinguished by the previous thirty-year repose period typically associated with property damage or sixty years for personal injury or death. The intent behind this bill is to enhance the ability of individuals affected by asbestos-related issues to seek redress without the barriers of outdated time constraints.
Contention
However, the bill could spark discussion surrounding the implications for businesses and insurance companies that deal with asbestos-related claims. Opponents may argue that eliminating the statute of repose could create legal uncertainty and financial burden on companies facing increased liability for claims that may surface decades after the initial injury. This could lead to higher insurance costs and a more complex landscape for companies that have historically relied on the repose statute for protection against long-dormant claims.
An Act Concerning The Reduction Of Economic Damages In A Personal Injury Or Wrongful Death Action For Collateral Source Payments Made On Behalf Of A Claimant.