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Bill > H1491


MA H1491

Enhancing justice for families harmed by lead


summary

Introduced
01/22/2019
In Committee
01/22/2019
Crossed Over
Passed
Dead
12/31/2020

Introduced Session

191st General Court

Bill Summary

Relative to legal proceeding to recover damages caused by exposure to lead. The Judiciary.

AI Summary

This bill aims to enhance justice for families harmed by exposure to lead. It amends the existing law by defining "placing lead in commerce" and "lead-containing materials used to convey drinking water." The bill also creates a new section (Section 199C) that allows plaintiffs to recover damages from parties that placed lead or lead-containing products into commerce, even if the specific party cannot be identified. The bill provides exceptions to liability for parties that took actions to prevent exposures or sold the product for uses not expected to cause harm. The bill also allows courts to allocate liability among responsible parties and does not affect existing liabilities or causes of action related to housing providers or sellers. The remedy provided in this bill is not exclusive and supplements any existing statutory or common law causes of action. The ability to recover damages under this bill is available for six years after its passage or from the time the plaintiff has reason to know of their right to recovery.

Committee Categories

Justice

Sponsors (9)

Last Action

Accompanied a study order, see H5081 (on 11/12/2020)

bill text


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