Texas House Bill HB1811

Texas 2009 - 81st Regular

Caption

Relating to the standard of causation in claims involving mesothelioma caused by exposure to asbestos fibers.

Impact

This legislation will affect the Civil Practice and Remedies Code, specifically by modifying Section 90.013 concerning causation in mesothelioma claims. The bill mandates that in order to recover damages, plaintiffs must meet a set of strict criteria to establish their claims. This includes demonstrating the frequency and regularity of their exposure to asbestos, as well as the proximity to the source of exposure. The implications are significant for future asbestos litigation, potentially limiting the number of claims that can be successfully pursued in court.

Summary

House Bill 1811 introduces significant changes to the legal standard of causation in claims related to malignant mesothelioma arising from asbestos exposure. The bill establishes a new requirement that claimants must demonstrate that a defendant's product or actions were a substantial factor in causing their injury, significantly impacting how these cases will be litigated. Furthermore, it delineates the criteria for proving causation, emphasizing the need for claimants to show cumulative exposure and the extent to which a defendant's product contributed to that exposure.

Contention

There may be notable contention surrounding this bill as one of the main points of debate centers on its limitations regarding proof of causation. Some advocates might argue that these new standards could unduly hinder the ability of mesothelioma victims to seek justice, by imposing burdens that could be challenging to meet. On the other hand, supporters may claim that the bill is necessary to prevent frivolous lawsuits and to ensure that only valid claims are considered, thereby enhancing the integrity of the legal process concerning asbestos-related health issues.