The bill amends Sections 6-5-691, 6-5-692, and 6-5-693 of the Code of Alabama 1975, to introduce new requirements for asbestos actions. It includes changes to the definitions and procedures related to civil actions arising from asbestos exposure. The bill adds a new term, "exposed person," which refers to an individual whose exposure to asbestos is the basis for an asbestos action. It also modifies the information that plaintiffs must provide when filing an asbestos action, such as specifying the basis for each claim against each defendant, the exposed person's work history, and details of asbestos exposure. The bill shortens the time frame for plaintiffs to provide this information from 90 to 45 days and introduces a requirement for plaintiffs to file all available asbestos trust claims within 60 days of filing an asbestos action.
The bill also allows for the dismissal of a defendant not specifically identified in the plaintiff's attestation as a source of exposure. It outlines the consequences for plaintiffs who fail to comply with the new requirements, including the potential for their claims to be dismissed without prejudice. Additionally, the bill imposes a continuing duty on plaintiffs to supplement the information and materials provided if new information or additional trust claims arise. The bill sets a timeline for trial proceedings, stating that a trial in an asbestos action may not begin until at least 60 days after the plaintiff complies with the new requirements. The act is set to become effective on October 1, 2024.
Statutes affected: Introduced: 6-5-691, 6-5-692, 6-5-693, 6-5-694