Bill > H3458

This bill aims to make several changes to the statute of limitations for certain minors and incapacitated persons. Firstly, it states that if a person's illness or incapacitation vacillates between severe and improved health, the periods of ill health will be generously subtracted when assessing the time allowed for bringing a cause of action. Additionally, if a person lacks proof that their illness or symptoms have an environmental cause, the statute of limitations will be tolled (or paused) until they have sufficient evidence. The bill also specifies that when a cause of action continues to exist and cause harm, the statute of limitations will be tolled until the cause of action ceases. Furthermore, the bill requires greater scrutiny of expert witness testimony, including disclosure of payment and work history, and a careful evaluation of the credibility and scientific reasoning behind the testimony. Finally, the bill relaxes the requirement for expert psychological testimony when the trauma or stress is apparent to a reasonable person.

Justice

https://malegislature.gov/Bills/191/H3458