New Georgia Law Limits Asbestos Lawsuits

May 1, 2007 - With a quick stroke of his pen, Gov. Sonny Perdue approved a new bill that will limit asbestos lawsuits strictly to those demonstrating illness.

Sponsored by State Senator John Wiles (R-Marietta) and endorsed by Georgia's Trial Lawyer Association, it aims to clear court dockets by allowing priority for cases where the plaintiff can definitively prove illness from asbestos exposure. Wiles said of the bill, ?This would allow people that are truly sick to move to the front of the line.?

Before passage of the law, a lawsuit could be filed if a person was exposed but did not have a confirmed diagnosis of an asbestos related condition. The number of cases generated lead to legal critics consistently arguing that asbestos litigation was creating an avalanche of junk lawsuits.

A recent study found that in the United States alone more than 730,000 asbestos lawsuits had been filed through 2002 and at least 8,400 defendants have received more than $70 billion. Georgia bears a number of these lawsuits as it is home to the headquarters of the Georgia-Pacific company which has long been a target of asbestos lawsuits.

Asbestos was commonly used for insulation and fireproofing before the 1980s when its health risks began to emerge. It is a carcinogen when inhaled and exposure can lead to the often fatal disease mesothelioma. Asbestos exposure related diseases generally take 20+ years to develop and patients are often diagnosed when they are in the advanced stages.

This is not the first time the state has moved to try and limit asbestos lawsuits. An earlier law was dismissed by The Georgia Supreme Court in 2006 and the new law is expected to be challenged as well.

The new law is similar to measures enacted in Ohio, Florida, Texas, Kansas, South Carolina and Texas. A person filing a claim in Georgia must demonstrate that they have some physical impairment from exposure to asbestos. Others who were exposed to asbestos wouldn't be able to sue until they became ill, under the law.

More information can be found here.

William Gallahue is an internet journalist who covers a number of topics.