Overview

This bill makes certain asbestos-related conditions, specifically pleural plaques, pleural thickening, and asbestosis, legally recognized as actionable personal injuries, regardless of whether they cause physical impairment. It also amends the limitation period for related legal claims.

Description

The Damages (Asbestos-Related Conditions) Bill clarifies the legal status of several asbestos-related illnesses. It establishes that:

• Pleural plaques are considered a personal injury allowing for damage claims.
• Pleural thickening and asbestosis are also considered personal injuries, even if they don't currently cause or are unlikely to cause physical impairment. Claims can be made regardless of impairment, but proving impairment is still relevant to the level of damages awarded.
• Limitations on legal action: The bill modifies the timeframe for filing legal actions related to these conditions, excluding a period between October 17, 2007, and the bill's enactment date from the calculation.
• Retrospective effect: The bill applies retroactively, meaning it affects claims made before its enactment, except for claims settled or legally determined prior to that date.

Government Spending

The bill's impact on government spending is not explicitly stated in the provided text. The potential for increased compensation payouts to claimants would likely lead to increased costs, but exact figures are unavailable.

Groups Affected

The groups potentially affected include:

• Individuals with asbestos-related conditions: They may be able to pursue legal action for compensation, even if their conditions are asymptomatic.
• Employers or companies potentially liable for asbestos exposure: They may face increased legal liability and potentially higher insurance premiums.
• Insurers: They would be responsible for covering any payouts resulting from successful claims.

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