Bill > SB1008

This bill modifies the rules for when a lawsuit can be filed for illnesses caused by asbestos or silica exposure, which are harmful substances found in certain materials and environments. Specifically, it clarifies that a lawsuit's clock, known as the statute of limitations, doesn't start until the person either gets a medical diagnosis of an asbestos-related or silica-related illness, discovers facts that would lead a reasonable person to seek a diagnosis, or dies from such an illness. The bill also states that it won't bring back lawsuits that were already too late to file before this law took effect, nor will it change any agreements already made. It further distinguishes between claims for non-cancerous asbestos or silica conditions and those for cancer, and generally prohibits compensation for the fear or increased risk of future illness. Importantly, the bill adds a new provision that limits lawsuits against manufacturers of mining equipment used underground, particularly when asbestos or silica was used solely due to specific federal regulations (30 CFR Part 18 for asbestos and 30 CFR Part 33 for silica) at the time of manufacture, unless the manufacturer explicitly warranted the product for a longer period, with an exception for brakes and brake materials.

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http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=1008&year=2026&sessiontype=RS&btype=bill