|to Judiciary (H)
|AN ACT relating to airborne contaminants.
|Bill Request Number
|Summary of Original Version
|Create new sections of KRS Chapter 411 to establish procedures for civil actions arising from exposure to silica; define related terms; require that a physical impairment be an essential element in a civil action based on exposure to silica; 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; toll the statute 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-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 shall not affect the rights of any party involved in bankruptcy proceedings, or workers' compensation or veteran's 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; 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; provide conditions for recovery of costs and fees to prevailing party; create a new section of KRS Chapter 224, Subpart 10, establishing an Airborne Contaminant Claim Review Board and establish membership and duties; include noncodified provision requesting the Supreme Court to adopt and revise rules relating to venue and consolidation of claims arising from exposure to silica; delay effective date until January 1, 2011.
|Index Headings of Original Version
Attorneys - Civil action review board, appointment to
Civil Actions - Silicosis disease claims
Civil Procedure - Silicosis disease claims
Court, Supreme - Silicosis disease claims
Effective Dates, Delayed - Silicosis disease claims, January 1, 2011
Labor and Industry - Silicosis disease claims
Occupational Safety and Health - Silicosis disease claims
Physicians and Practitioners - Civil action review board, appointment to
State Agencies - Civil action review board, establishment of
Last updated: 8/28/2019 7:34 AM (EDT)