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 the earlier of three events: the receipt of a medical diagnosis of an asbestos-related or silica-related impairment, the discovery of facts that would lead a reasonable person to seek such a diagnosis, or the date of the exposed person's death. Additionally, the bill specifies that it does not revive or extend limitations for claims that were already time-barred prior to the bill's effective date, nor does it affect any prior settlements or agreements related to asbestos or silica actions.

Furthermore, the bill introduces new provisions that restrict plaintiffs from bringing actions against manufacturers of mining equipment used underground if the use of asbestos or silica was mandated by federal regulations. It establishes a limitation period of 12 years from the date of first sale or delivery of the equipment, or 10 years from the date of first sale to a non-seller, whichever is shorter, unless a longer warranty period has been expressly provided by the manufacturers. Notably, this section does not apply to brake materials. Overall, the bill aims to streamline the judicial process for handling asbestos and silica litigation.

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