This bill seeks to amend the Code of West Virginia regarding the statute of limitations for asbestos and silica-related claims. It establishes that a cause of action for an exposed person will not accrue until certain conditions are met, such as receiving a medical diagnosis or discovering facts that would lead to such a diagnosis. Additionally, it clarifies that this amendment does not revive any claims that were already time-barred prior to the bill's effective date, nor does it affect any existing settlements or agreements related to asbestos or silica actions.

A significant insertion in the bill is the provision that prohibits plaintiffs from bringing actions against manufacturers of coal mining equipment that complied with Federal Mine Safety and Health Administration requirements, unless the action is initiated within specific time frames. This includes a limitation of 12 years from the date of the first sale or 10 years from the date of first sale to the initial user, whichever is shorter, unless a longer warranty period has been expressly provided by the manufacturers. This aims to streamline the litigation process and clarify liability in cases involving asbestos and silica exposure.

Statutes affected:
Introduced Version: 55-7G-9