This bill amends the statute of limitations for asbestos and silica litigation in West Virginia, specifically addressing when a cause of action may be initiated. It clarifies that an exposed person's cause of action will not accrue until they receive a medical diagnosis of an asbestos-related or silica-related impairment, discover facts that would lead a reasonable person to seek such a diagnosis, or upon their death if they have such impairments. The bill also stipulates that it does not revive or extend limitations for claims that were already time-barred before the bill's effective date and ensures that existing settlements or agreements related to asbestos or silica actions are not adversely affected.

Additionally, the bill introduces a new provision that restricts plaintiffs from bringing actions against manufacturers of coal mining equipment that was compliant with Federal Mine Safety and Health Administration requirements. Such actions must be initiated within the applicable limitations period, specifically within 12 years from the date of first sale or 10 years from the date of first delivery to the initial user, unless a longer warranty period has been expressly provided by the manufacturers. This aims to enhance the judicial system's ability to manage asbestos and silica litigation effectively.

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