Georgia Governor Enacts Legislation to Reduce Asbestos Lawsuits
By Daniel Hawn
Published on May 07, 2007
Under the new law, only those who have fallen ill from asbestos exposure will be allowed to sue companies that used the dangerous substance.
The law requires individuals to demonstrate physical impairment from exposure to asbestos before they can file a lawsuit. Other people exposed to asbestos will not be allowed to file suit until they fall ill.
Asbestos has been linked to various types of cancer, including cancer of the stomach, lungs, and colon.
Supporters of the bill say that a prevalence of asbestos-related junk lawsuits have bankrupted a number of businesses. More than 730,000 suits were filed across the country through 2002, and at least 8,400 defendants paid out more than $70 billion, according to a study from the nonprofit think tank RAND Corp.
Republican Sen. John Wiles, who sponsored the bill, said it gives priority to those who are truly sick. Critics, however, say it unfairly limits the rights of workers and their families. They claim corporations knowingly and carelessly exposed their employees to asbestos, and that the effects will emerge over time.
The bill marks Georgia’s second attempt at controlling costly asbestos lawsuits.
In 2006, the state Supreme Court overturned a law that made it harder for people to sue for asbestos-related illnesses. The court said the law was unconstitutional because it applied retroactively to cases filed before the law's passage in 2005.
Laws similar to the one Georgia recently enacted are already in effect in Florida, Texas, Ohio, South Carolina, and Kansas.
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