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WV SB666

WV SB666
Determining liability for exposure to asbestos or silica


summary

Introduced
01/29/2026
In Committee
01/29/2026
Crossed Over
Passed
Dead

Introduced Session

2026 Regular Session

Bill Summary

The purpose of this bill is to amend the procedures for handling of asbestos and silica litigation and to enhance the ability of the judicial system to manage such litigation.

AI Summary

This bill modifies the legal procedures for asbestos and silica-related lawsuits, aiming to improve how the court system handles these cases. Specifically, it clarifies when the statute of limitations, which is the time limit for filing a lawsuit, begins to run for individuals exposed to asbestos or silica. The bill states that a lawsuit cannot be filed after the exposed person receives a medical diagnosis of an asbestos or silica-related impairment, discovers facts that would reasonably lead to such a diagnosis, or dies from such an impairment. It also clarifies that this change does not revive claims that were already past their deadline before the bill became law, nor does it affect any settlements or agreements made before the bill's effective date. Furthermore, the bill establishes that claims for non-cancerous asbestos or silica conditions are separate from claims for cancer caused by these substances, and it generally prohibits awarding damages for the fear or increased risk of future disease in such cases. A significant addition is a provision that prevents lawsuits against manufacturers of coal mining equipment, when that equipment was made to comply with federal safety regulations, unless the lawsuit is filed within a specific timeframe, generally 12 years from the manufacturer's first sale or 10 years from its first delivery to an initial user, whichever comes first, unless the manufacturer provided a longer warranty.

Committee Categories

Justice

Sponsors (3)

Last Action

Senate Judiciary Committee Meeting (15:00:00 2/18/2026 Senate Judiciary Committee Room, 208 West) (on 02/18/2026)

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