Overview

This bill makes certain asbestos-related conditions, previously not legally actionable, claimable as personal injuries. This allows individuals affected by these conditions to seek compensation from those responsible for their exposure to asbestos.

Description

The Damages (Asbestos-related Conditions) Bill clarifies the legal definition of actionable personal injuries to include specific asbestos-related conditions, even in the absence of demonstrable physical impairment. Specifically:

• Pleural plaques: These are now explicitly recognized as actionable personal injuries, enabling those with pleural plaques to claim damages.
• Pleural thickening and asbestosis: Even if these conditions haven't caused, aren't causing, or aren't likely to cause physical impairment, they are still considered actionable personal injuries. Claimants don't need to prove impairment to receive damages, though if they do claim damages based on impairment, they must prove it.
• Limitation of Actions: The bill amends the Limitation Act 1980, extending the time limit for bringing claims related to these asbestos-related conditions by excluding the period between October 17, 2007, and the bill's enactment date.
• Retrospective Effect: Sections 1 and 2 of the bill are considered to have always been in effect, with exceptions for claims already settled or legal proceedings already concluded before the bill's enactment.

Government Spending

The bill's financial impact on government spending is not specified in the provided text. The potential cost will depend on the number of successful claims and the amount of damages awarded. Increased litigation costs for both the government (if involved) and private entities are likely.

Groups Affected

• Individuals with asbestos-related pleural plaques, pleural thickening, or asbestosis: They may be able to claim damages, potentially leading to financial compensation.
• Employers and other responsible parties: They could face increased liability for asbestos exposure, potentially leading to significant financial burdens.
• Insurance companies: They could experience increased claims and payouts related to asbestos-related conditions.

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