The 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 establishes that an exposed person's cause of action will not accrue, nor will the statute of limitations begin, 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 clarifies that it does not revive or extend limitations for any claims that were already time-barred as of the bill's effective date, nor does it affect any prior settlements or agreements related to asbestos or silica actions.

Furthermore, the bill distinguishes between actions arising from nonmalignant conditions and those related to asbestos or silica-related cancers, stating that they are separate causes of action. It also specifies that damages cannot be awarded for fear or increased risk of future disease in these actions. Importantly, the bill restricts the ability of plaintiffs to bring actions against manufacturers of mining equipment used underground, unless certain conditions regarding the use of asbestos or silica are met, and establishes a time limit for such actions based on the date of first sale or delivery of the equipment.

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