§ 51-14-5. When Limitations Period Begins to Run
Notwithstanding any other provision of law, with respect to any asbestos claim or silica claim not barred as of May 1, 2007, the limitations period shall not begin to run until the exposed person, or any plaintiff making an asbestos claim or silica claim based on the exposed person’s exposure to asbestos or silica, obtains, […]
§ 51-14-6. Dismissal for Failure to Establish Prima-Facie Evidence of Physical Impairment With Respect to an Asbestos Claim or Silica Claim; Procedure; Evidentiary Requirements
Subject to the provisions of Code Section 51-14-12: Any asbestos claim or silica claim pending in this state on May 1, 2007, shall be dismissed within 180 days after May 1, 2007, without prejudice unless: All parties stipulate by no less than 60 days prior to the commencement of trial that the plaintiff has established […]
§ 51-14-7. Sworn Information Form Providing Required Information; Failure to State a Claim; Class Actions Barred
All asbestos claims and silica claims filed in this state on or after May 1, 2007, shall include with the complaint a sworn information form containing the following information: The exposed person’s name, address, date of birth, social security number, and marital status; If the exposed person alleges exposure to asbestos or silica through the […]
§ 51-14-8. Limitations on Discovery; Satisfaction of Medical Criteria Necessary to Establish Prima-Facie Evidence of Medical Impairment; Admissibility of Expert Reports
Until such time as the trial court enters an order determining that the plaintiff has established prima-facie evidence of physical impairment, no asbestos claim or silica claim shall be subject to discovery, except discovery related to establishing or challenging the prima-facie evidence of physical impairment or by order of the trial court upon motion of […]
§ 51-14-9. Who May Bring a Claim; Claims in Multiple Jurisdictions
Notwithstanding Code Section 1-2-6 or 1-2-10, a civil action alleging an asbestos claim or silica claim may only be brought or maintained in the courts of Georgia if the plaintiff, whether a citizen of Georgia or a citizen of some other state, is a resident of Georgia at the time of filing the action or […]
§ 51-14-10. Venue
Notwithstanding any other provision of law, an asbestos claim or silica claim that meets the requirements of this chapter permitting a claim to be filed in this state may only be filed in the county where the plaintiff resides or a county in which the exposure to asbestos or silica on which the claim is […]
§ 51-14-11. Consolidation of Claims
A trial court may consolidate for trial any number and type of asbestos claims or silica claims with the consent of all the parties. In the absence of such consent, the trial court may consolidate for trial only asbestos claims or silica claims relating to the same exposed person and members of his or her […]
§ 51-14-12. Application of Chapter Dependent Upon Date Claim Accrues
Asbestos claims and silica claims that accrued before April 12, 2005, or that will accrue on or after May 1, 2007, shall be governed by this chapter, as it exists on May 1, 2007. Asbestos claims and silica claims that accrued on or after April 12, 2005, and before May 1, 2007, shall be governed […]
§ 51-14-13. Severability
In the event any part, portion, section, subsection, paragraph, sentence, clause, phrase, or word of this chapter shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other parts, portions, sections, subsections, paragraphs, sentences, clauses, phrases, or words of this chapter which shall remain of full force and effect […]
§ 51-14-1. Legislative Findings and Purpose
The General Assembly finds that: Asbestos is a mineral that was widely used prior to the 1980s for insulation, fire-proofing, and other purposes; Many American workers and others were exposed to asbestos, especially during and after World War II, at shipyards and other sites, prior to the advent of regulation by the United States Occupational […]