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WV SB1008

Bill

Status

Enrolled

3/14/2026

Primary Sponsor

Brian Helton

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Origin

Senate

2026 Regular Session

AI Summary

  • Amends West Virginia's statute of limitations for asbestos and silica litigation under §55-7G-9 of the state code

  • Establishes that a cause of action accrues on the earliest of three dates: when the exposed person received a medical diagnosis, when facts would have led a reasonable person to seek diagnosis, or upon death of the exposed person

  • Creates a "two-disease rule" treating nonmalignant conditions as distinct causes of action from asbestos-related or silica-related cancers

  • Adds new restrictions on lawsuits against manufacturers of underground mining equipment where asbestos use was required by federal regulations (30 CFR Part 18) or silica design was specified by federal standards (30 CFR Part 33)

  • Imposes time limits of 12 years from first sale/lease/delivery by manufacturers or 10 years from delivery to initial user for claims against mining equipment manufacturers, with an exception for brake materials

Legislative Description

Relating to statute of limitations for asbestos and silica litigation

Actions, Suits and Liens

Last Action

Completed legislative action

3/14/2026

Committee Referrals

Judiciary3/5/2026
Judiciary2/19/2026

Full Bill Text

No bill text available