Bill > HB5324

This bill amends West Virginia law regarding claims for injuries caused by asbestos or silica exposure, particularly for individuals involved in coal mining. It clarifies when a lawsuit's time limit, known as the statute of limitations, begins to run, stating it starts when the person receives a diagnosis of an asbestos-related or silica-related impairment, discovers facts that would lead to such a diagnosis, or dies from the impairment. The bill also specifies that it won't revive claims already past their deadline or affect existing settlements. Importantly, it creates a distinction between claims for non-cancerous conditions and those for cancer caused by asbestos or silica, and generally prohibits damages for fear or increased risk of future disease. A key new provision states that plaintiffs in asbestos or silica actions cannot sue manufacturers of coal mining equipment, even if that equipment is claimed to have caused injury, unless the lawsuit is filed within a specific timeframe after the equipment was first sold or delivered, and only if the manufacturers haven't expressly warranted the product for a longer period. This aims to manage litigation and provide clearer procedures for these types of cases.

Justice

http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=5324&year=2026&sessiontype=RS&btype=bill