Texas Senate Bill SB1123

Texas 2009 - 81st Regular

• Out of Senate Committee: 4/6/09
• Voted on by Senate: 4/20/09

Caption

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

Impact

If enacted, the bill would create a defined framework for courts to assess claims for mesothelioma, potentially streamlining the litigation process. By specifying how causation must be established, the legislation may result in fewer ambiguous cases reaching trial and could influence the strategies of both plaintiffs and defendants in asbestos exposure claims. The focus on cumulative exposure and the removal of the need for quantitative dosages of asbestos may also shift the burden in presenting evidence in these cases.

Summary

SB1123 introduces an amendment to the Civil Practice and Remedies Code specifically addressing the standard of causation for claims related to malignant mesothelioma allegedly caused by asbestos exposure. The bill aims to establish a clear and exclusive means of proving causation in such claims, which is of significant importance due to the complexities surrounding asbestos-related litigation. One key aspect of this legislation is the requirement for claimants to demonstrate that a defendant's product or conduct was a substantial factor in the causation of the mesothelioma, alongside factors such as foreseeability and cumulative exposure to asbestos fibers.

Contention

However, the legislation may raise concerns among victims and advocates for asbestos-related health issues. Detractors could argue that the newly defined causation standard puts additional hurdles for claimants seeking justice for their illnesses, possibly reducing their chances of obtaining compensation. This bill, while aimed at clarifying legal standards, might also lead to disagreements on its interpretation and application in courts, potentially affecting precedents for future cases involving toxic torts.