To avoid the asbestos litigation crisis some states have experienced, South Carolina lawmakers have introduced legislation that will require plaintiffs to meet specific medical criteria in order to bring or pursue an asbestos- or silica-related lawsuit. Senate Bill 1038, the South Carolina Asbestos and Silica Victims Protection Act of 2006, is similar to legislation recently enacted in Georgia, Florida, Ohio and Texas.
“The crackdown on asbestos litigation in these states has prompted forum shopping in jurisdictions such as South Carolina where objective medical standards have not been adopted legislatively,” Robert Herlong, vice president and regional manager for the Property Casualty Insurers Association of America said. “The court dockets in South Carolina may become crowded with asbestos cases filed by individuals who are not physically impaired. These cases clog the court system and drain resources that would be available to aid individuals who are truly sick. In addition, these cases can threaten the financial viability of South Carolina businesses.”
SB 1038 establishes sound medical criteria for determining impairment caused by asbestos or silica.
To eliminate abusive forum shopping, the proposed legislation requires an asbestos or silica claim be filed in the county where the plaintiff resides or the county in which the exposure to asbestos or silica on which the claim is based occurred and that exposure was a substantial contributing factor to the physical impairment of the exposed person on which the plaintiff’s claim is based.
Topics Legislation South Carolina
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