§ 34-20-3-2 — Asbestos related actions

Indiana § 34-20-3-2

• Jurisdiction: Indiana
• Title 34: CIVIL LAW AND PROCEDURE
• Art. 20: CAUSES OF ACTION: PRODUCT LIABILITY
• Ch. 3: Statute of Limitations

Text

(a) A product liability action that is based on:
(1) property damage resulting from asbestos; or
(2) personal injury, disability, disease, or death resulting from
exposure to asbestos;
must be commenced within two (2) years after the cause of action
accrues. The subsequent development of an additional asbestos related
disease or injury is a new injury and is a separate cause of action.
(b) A product liability action for personal injury, disability, disease,
or death resulting from exposure to asbestos accrues on the date when
the injured person knows that the person has an asbestos related
disease or injury.
(c) A product liability action for property damage accrues on the
date when the injured person knows that the property damage has
resulted from asbestos.
(d) This section applies only to product liability actions against:
(1) persons who mined and sold commercial asbestos; and
(2) funds that have, as a result of bankruptcy proceedings or to
avoid bankruptcy proceedings, been created for the payment of
asbestos related disease claims or asbestos related property
damage claims.
(e) For the purposes of IC 1-1-1-8, if any part of this section is held
invalid, the entire section is void.
(f) Except for the cause of action expressly recognized in this
section, this section does not otherwise modify the limitation of action
or repose period contained in section 1 of this chapter.
[Pre-1998 Recodification Citation: 33-1-1.5-5.5.]

Legislative History

As added by P.L.1-1998, SEC.15.