§ 34-20-3-2 Asbestos-related actions

Codes > Indiana Code > Title 34 > Article 20 : Chapter 3 > 34-20-3-2 Asbestos-related

34-20-3-2 Asbestos-related actions

    Sec. 2. (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.