Georgia Joins Ohio In Enacting Asbestos Reform Bill
NU Online News Service, April 15, 2:42 p.m. EDT? Georgia this week enacted its asbestos claim medical-criteria law, joining Ohio, which passed its own law last year. [@@]
The two states are the first in the country to prohibit lawsuits by those who haven't shown signs of injury.
The reform bill in Georgia, House Bill 416, was signed into law by Gov. Sonny Perdue, who had 40 days to sign the bill as of April 1.
According to trade group Property Casualty Insurers Association of America (PCI), there are also other states that are working to develop their own litigation reform laws.
In Texas, similar legislation is currently before the Senate State Affairs Committee and is expected to be voted on next week. There is also a bill pending in Florida, the group said.
"The enactment of this legislation in Georgia is a major victory and will help to end the litigation abuse cycle," said Robert Herlong, vice president and regional manager for PCI.
The Georgia law will permit civil lawsuits involving asbestos as well as silica only if the plaintiff has a "clear showing" of medical impairment conditions with exposures to asbestos and silica as a substantial contributing factor.
To prevent forum shopping, the law will allow claims to be filed only in the county where the plaintiff resides or had asbestos/silica exposures.
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