Bill Summary – FastDemocracy

LB7                                                                                    LB7
                                                                                2023
                                LEGISLATURE OF NEBRASKA
                             ONE HUNDRED EIGHTH LEGISLATURE
                                     FIRST SESSION
                        LEGISLATIVE BILL 7
       Introduced by Blood, 3.
       Read first time January 05, 2023
       Committee: Judiciary
   A BILL FOR AN ACT relating to civil actions; to amend section 25-224,
      Reissue Revised Statutes of Nebraska; to provide for a statute of
      limitations for actions based upon exposure to hazardous or toxic
      chemicals;   to harmonize provisions;   and to   repeal the original
      section.
  Be it enacted by the people of the State of Nebraska,
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LB7                                                                                       LB7
                                                                                   2023
       Section 1. Section 25-224, Reissue Revised Statutes of Nebraska, is
   amended to read:
       25-224 (1) All product liability actions, except one governed by
   subsection (5) or (6) of this section, shall be commenced within four
  years next after the date on    which the death,   injury,   or damage
  complained of occurs.
       (2)(a) Notwithstanding subsection (1) of this section or any other
   statutory provision to the contrary, any product liability action, except
   one governed by section 2-725, Uniform Commercial Code or by subsection
   (5) or (6) of this section, shall be commenced as follows:
       (i) For products manufactured in Nebraska, within ten years after
   the date the product which allegedly caused the personal injury, death,
   or damage was first sold or leased for use or consumption; or
      (ii) For products manufactured outside Nebraska, within the time
   allowed by the applicable statute of repose, if any, of the state or
   country where the product was manufactured, but in no event less than ten
   years. If the state or country where the product was manufactured does
   not have an applicable statute of repose, then the only limitation upon
   the commencement of an action for product liability shall be as set forth
   in subsection (1) of this section.
       (b) If the changes made to this subsection by Laws 2001, LB 489, are
   declared invalid or unconstitutional, this subsection as it existed prior
   to September 1, 2001, shall be deemed in full force and effect and shall
   apply to all claims in which a final order has not been entered.
       (3) The limitations contained in subsection (1), (2), or (5), or (6)
   of this section shall not be applicable to indemnity or contribution
   actions brought by a manufacturer or seller of a product against a person
   who is or may be liable to such manufacturer or seller for all or any
   portion of any judgment rendered against a manufacturer or seller.
       (4) Notwithstanding the provisions of subsections (1) and (2) of
   this section, any cause of action or claim which any person may have on
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LB7                                                                                                  LB7
                                                                                              2023
  July 22, 1978, may be brought not later than two years following such
  date.
         (5)    Any action to   recover damages based on   injury allegedly
   resulting from exposure to asbestos composed of chrysotile, amosite,
  crocidolite, tremolite, anthrophyllite, actinolite, or any combination
  thereof, shall be commenced within four years after the injured person
   has been informed of     discovery of    the injury by    competent medical
  authority and that such injury was caused by exposure to asbestos as
  described herein, or within four years after the discovery of facts which
  would reasonably lead to such discovery, whichever is earlier. No action
  commenced under this subsection based on the doctrine of strict liability
   in tort shall be commenced or maintained against any seller of a product
   which is alleged to contain or possess a defective condition unreasonably
   dangerous to the buyer, user, or consumer unless such seller is also the
  manufacturer of such product or the manufacturer of the part thereof
  claimed to be defective. Nothing in this subsection shall be construed to
   permit an action to be brought based on an injury described in this
   subsection discovered more than two years prior to August 30, 1981.
         (6)(a) An action to recover damages based on injury or death that is
  caused by exposure to a hazardous or toxic chemical shall be commenced
  within ten years next after the cause of action accrues.
         (b) Such a cause of action accrues upon the earlier of the date on
   which the plaintiff:
        (i) Is informed by competent medical authority that the injury or
  death is related to the exposure to such chemical; or
         (ii) By the exercise of reasonable diligence, should have known that
   the injury or death is related to the exposure to such chemical.
         (c)    This subsection does not apply to     actions described in
   subsection (5) of this section.
         Sec.   2.      Original section   25-224,        Reissue Revised Statutes of
   Nebraska, is repealed.
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Statutes affected: 
Introduced: 25-224