§ 29-34-502. Part Definitions
For purposes of this part: “Asbestos claim” means any claim, wherever or whenever made, for damages, losses, indemnification, contribution, or other relief arising out of, based on, or in any way related to asbestos, including: The health effects of exposure to asbestos, including a claim for personal injury or death, mental or emotional injury, risk […]
§ 29-34-503. Application of Limitations
The limitations in § 29-34-504 shall apply to any successor corporation. The limitations of § 29-34-504 shall not apply to: Workers’ compensation benefits paid by or on behalf of an employer to an employee under title 50, chapter 6, or a comparable workers’ compensation law of another jurisdiction; Any claim against a corporation that does […]
§ 29-34-302. Legislative Findings — Purpose
Silica is a naturally occurring mineral and is the second most common constituent of the earth’s crust. Silica-related disease, including silicosis, can occur when silica is inhaled. To be inhaled, silica particles must be sufficiently small to be respirable. Silicosis was recognized as an occupational disease many years ago. The American Foundry Society has distributed […]
§ 29-34-303. Part Definitions
As used in this part, unless the context otherwise requires: “AMA guides to the evaluation of permanent impairment” means the most recent version of the American Medical Association’s “Guidelines for Assessment of Permanent Medical Impairment” at the time of the performance of any examination or test required under this part; “Board-certified” means the medical doctor […]
§ 29-34-304. Prima Facie Showing of Impairment or Disease Required — Compliance With Standards in Determining Impairment — Exhumation Not Authorized
No person shall bring or maintain a civil action alleging a silica or mixed dust disease claim based on a nonmalignant condition in the absence of a prima facie showing that, in the opinion of a competent medical authority, the exposed person has a physical impairment, and that the person’s exposure to silica or mixed […]
§ 29-34-305. Report of Supporting Evidence Making Out Prima Facie Case — Dismissal Without Prejudice on the Basis of Minimum Prima Facie — Move to Reinstate Case — Effect of Court’s Findings and Decision on Prima Facie Showing — Jury as Trier of Fact
The plaintiff in any civil action, alleging a silica claim or a mixed dust disease claim, shall file, within one hundred and twenty (120) days after filing the complaint, a written report by a competent medical authority, and any supporting evidence, making out the applicable prima facie case described in § 29-34-304. Any defendant shall […]
§ 29-34-306. Limitations — Consolidation
Notwithstanding any other law, with respect to any silica claim or mixed dust disease claim that is not barred as of July 1, 2006, the period of limitations shall not begin to run until the exposed person discovers, or through the exercise of reasonable diligence should have discovered, that the person has a physical impairment […]
§ 29-34-307. Claims Against Premises Owner — Presumptions
The following shall apply to all civil actions for silica or mixed dust disease claims brought against a premises owner to recover damages or other relief for exposure to silica or mixed dust on the premises owner’s property: A premises owner is not liable for any injury to any individual resulting from silica or mixed […]
§ 29-34-209. Immunity for Forcible Entry of a Motor Vehicle to Remove Minor or Animal
A person whose conduct conforms to the requirements of subsection (b) shall be immune from civil liability for any damage resulting from the forcible entry of a motor vehicle for the purpose of removing a minor or an animal from the vehicle. Subsection (a) applies if the person: Determines the vehicle is locked or there […]
§ 29-34-210. Protection of Volunteer-Insured Drivers of the Elderly (Provide) Act
As used in this section: “Charitable organization” means any charitable unit of a religious or civic group exempt from taxation under 26 U.S.C. § 501, including those supported wholly or partially by private donations; “Human service agency” means any human service unit, clinic, senior citizens program, congregate meal center, or day care center for the […]