§ 12-311 — Actions arising out of death or injury caused by exposure to asbestos.

District of Columbia § 12-311

• Jurisdiction: District of Columbia
• Title 12: Right to Remedy. [Enacted title]
• Ch. 3: Limitation of Actions.

Text

(a) In any civil action for injury or illness based upon exposure to asbestos, the time for the commencement of the action shall be the later of the following:

(1) Within one year after the date the plaintiff first suffered disability;

(2) Within one year after the date the plaintiff either knew, or through the exercise of reasonable diligence should have known, that the disability was caused or contributed to by the exposure; or

(3) Three years from the time the right to maintain the action accrues.

(b) “Disability” as used in subsection (a) of this section means the loss of time from work as a result of the exposure that precludes the performance of the employee’s regular occupation.

(c) In an action for the wrongful death of any plaintiff’s decedent, based upon exposure to asbestos, the time for commencement of an action shall be the later of the following:

(1) Within 2 years from the date of the death of the plaintiff’s decedent; or

(2) Within 2 years from the date the plaintiff first knew, or through the exercise of reasonable diligence should have known, that the death was caused or contributed to by the exposure.

Legislative History

Feb. 28, 1987, D.C. Law 6-202, § 5, 34 DCR 527; June 3, 2011, D.C. Law 18-377, § 3, 58 DCR 1174; Oct. 22, 2012, D.C. Law 19-177, § 2, 59 DCR 9353