HB 417/LM (BR 1757) - J. Gooch Jr, M. Cherry, R. Crimm, D. Floyd, M. Harmon, M. Henley, L. Napier
AN ACT relating to dust.
Create new sections of KRS Chapter 411 to establish procedures for civil actions arising from exposure to silica or mixed dust; define related terms; require that a physical impairment be an essential element in a civil action based on exposure to silica or mixed dust; require a prima facie showing of a physical impairment before bringing or maintaining a civil action; provide for dismissal of civil actions for failure to establish a prima facie showing of a physical impairment resulting from exposure to silica or mixed dust; toll the statue of limitations on claims not barred by the effective date until such time as an individual discovers or should have discovered a physical impairment; distinguish claims for nonmalignant conditions from claims for silica or mixed dust related cancer; establish requirements for wrongful death claims; exempt a premises owner from liability unless the individual's exposure occurred while on the property of the owner and extend liability exemption relating to invitees and contractors hired before January 1, 1972; exempt a premises owner from liability for exposure occurring after January 1, 1972, unless it can be shown that the premises owner intentionally violated a safety standard; provide that civil actions resulting from exposure to silica or mixed dust shall not affect the rights of any party involved in bankruptcy proceedings, or workers' compensation or veterans' benefit programs; require the plaintiff in a civil action to show that a particular defendant's conduct was a substantial factor in causing the alleged injury or loss; codify common law principles relating to shareholder liability; make provisions applicable to any civil action pending on the effective date of the Act and to claims filed on or after the effective date of the Act; include noncodified provisions: indicating that the new provisions are not intended to repeal existing laws of the Commonwealth, requesting the Supreme Court to adopt and revise rules relating to venue and consolidation of claims arising from exposure to silica or mixed dust, and specify factors relating to determining whether exposure to silica or mixed dust was a substantial factor (Lohrmann standards) in causing the injury or loss resulting from such exposure, and providing for severabilty and federal preemption.
Feb 12-introduced in House
Feb 15-to Judiciary (H)
Feb 23-posted in committee