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WV HB5324
Bill
Status
2/9/2026
Primary Sponsor
Matthew Rohrbach
Click for details
AI Summary
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Establishes a strict statute of repose for lawsuits against manufacturers of coal mining equipment related to asbestos or silica exposure, limiting claims to 12 years from first sale/lease/delivery by the manufacturer or 10 years from delivery to the initial user, whichever expires earlier
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Applies specifically to mining equipment that was manufactured in compliance with Federal Mine Safety and Health Administration (MSHA) requirements at the time of original manufacture
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Allows an exception if manufacturers expressly warranted or promised the product for a longer period, in which case the action may be brought within that extended warranty period
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Maintains existing provisions that treat nonmalignant asbestos/silica conditions as distinct causes of action from cancer claims, preserving the "two-disease rule"
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Prohibits awards for fear or increased risk of future disease in asbestos or silica lawsuits where otherwise permitted under state law
Legislative Description
Amending the procedures for determining liability for exposures to asbestos or silica.
Health
Last Action
To House Judiciary
2/9/2026