Section 686A.9 – Application.
686A.9 Application. 1. This chapter applies to all asbestos actions filed on or after July 1, 2017. 2. This chapter applies to all pending asbestos actions in which trial has not commenced as of July 1, 2017, unless the court finds that the application of a provision in this chapter would unconstitutionally affect a vested […]
Section 686D.1 – Short title.
686D.1 Short title. This chapter shall be known and may be cited as the “COVID-19 Response and Back-to-Business Limited Liability Act”. 2020 Acts, ch 1070, §3, 11 Section applies retroactively to January 1, 2020; 2020 Acts, ch 1070, §11
Section 686B.1 – Title.
686B.1 Title. This chapter shall be known and may be cited as the “Asbestos and Silica Claims Priorities Act”. 2017 Acts, ch 11, §10
Section 686D.2 – Definitions.
686D.2 Definitions. When used in this chapter, unless the context otherwise requires: 1. “COVID-19” means the novel coronavirus identified as SARS-CoV-2, the disease caused by the novel coronavirus SARS-CoV-2 or a virus mutating therefrom, and conditions associated with the disease caused by the novel coronavirus SARS-CoV-2 or a virus mutating therefrom. 2. “Disinfecting or cleaning […]
Section 686B.2 – Definitions.
686B.2 Definitions. As used in this chapter, unless the context otherwise requires: 1. “AMA guides” means the American medical association’s guides to the evaluation of permanent impairment in effect at the time of the performance of any examination or test on the exposed person required under this chapter. 2. “Asbestos” means the same as defined […]
Section 686D.3 – Actual injury requirement in civil actions alleging COVID-19 exposure.
686D.3 Actual injury requirement in civil actions alleging COVID-19 exposure. A person shall not bring or maintain a civil action alleging exposure or potential exposure to COVID-19 unless one of the following applies: 1. The civil action relates to a minimum medical condition. 2. The civil action involves an act that was intended to cause […]
Section 686B.3 – Filing claims — establishment of prima facie case — individual actions to be filed.
686B.3 Filing claims — establishment of prima facie case — individual actions to be filed. 1. A plaintiff in an asbestos action involving a nonmalignant condition or a silica action involving silicosis shall file with the complaint or other initial pleading a detailed narrative medical report and diagnosis, signed under oath by a qualified physician […]
Section 686D.4 – Premises owner’s duty of care — limited liability.
686D.4 Premises owner’s duty of care — limited liability. A person who possesses or is in control of a premises, including a tenant, lessee, or occupant of a premises, who directly or indirectly invites or permits an individual onto a premises, shall not be liable for civil damages for any injuries sustained from the individual’s […]
Section 686B.4 – Asbestos claims involving nonmalignant conditions — elements of proof.
686B.4 Asbestos claims involving nonmalignant conditions — elements of proof. An asbestos action involving a nonmalignant condition shall not be brought or maintained in the absence of prima facie evidence that the exposed person has a physical impairment for which asbestos exposure was a substantial contributing factor. The prima facie showing shall be made as […]
Section 686B.5 – Silica claims involving silicosis — elements of proof.
686B.5 Silica claims involving silicosis — elements of proof. A silica action involving silicosis shall not be brought or maintained in the absence of prima facie evidence that the exposed person has a physical impairment for which exposure to silica was a substantial contributing factor. The prima facie showing shall be made as to each […]