Bill > S955

This bill aims to enhance justice for families harmed by lead exposure. The key provisions of the bill are: 1. It amends the existing law to clarify the definition of "placing lead in commerce," which includes offering lead for sale or incorporating it into products sold, unless the lead is used in a closed-loop system or the amount is below regulatory limits. 2. It establishes that the inability to identify the specific party that placed the lead or lead-containing product into commerce shall not prevent those harmed from recovering damages. Plaintiffs must show that the placement of the lead was a substantial contributing factor, the party knew or should have known the harm was likely, and the party took insufficient action to prevent the harm. 3. It provides several defenses for parties that placed lead in commerce, such as showing they took adequate measures to prevent exposures or that the product was sold for uses not expected to cause harm. 4. The bill allows courts to apportion liability among responsible parties and does not limit existing liability for providers or sellers of housing. 5. The remedy provided by this bill supplements existing statutory or common law causes of action, and the ability to recover damages is available for six years after the bill's passage or from the time the plaintiff knew or should have known of their right to recovery.

Justice

https://malegislature.gov/Bills/191/S955