Ohio Revised Code
Chapter 2307 | Civil Actions
Section 2307.88 | Silicosis or Mixed Dust Disease Claim - Tolling of Statute of Limitations - Nonmalignant and Cancer Claims Distinct.

Effective: September 1, 2004
Latest Legislation: House Bill 342 - 125th General Assembly
(A) Notwithstanding any other provision of the Revised Code, with respect to any silicosis claim or mixed dust disease claim based upon a nonmalignant condition that is not barred as of the effective date of this section, the period of limitations shall not begin to run until the exposed person discovers, or through the exercise of reasonable diligence should have discovered, that the person has a physical impairment due to a nonmalignant condition. A silicosis claim or a mixed dust disease claim based upon a nonmalignant condition that is filed before the cause of action pursuant to this division arises is preserved for purposes of the period of limitations.
(B) A silicosis claim or a mixed dust disease claim that arises out of a nonmalignant condition shall be a distinct cause of action from a silicosis claim or a mixed dust disease claim, as the case may be, relating to the same exposed person that arises out of silica-related cancer or mixed dust-related cancer. No damages shall be awarded for fear or risk of cancer in any tort action asserting only a silicosis claim or a mixed dust disease claim for a nonmalignant condition.
(C) No settlement of a silicosis claim or a mixed dust disease claim for a nonmalignant condition that is concluded after the effective date of this section shall require, as a condition of settlement, the release of any future claim for silica-related cancer or mixed dust-related cancer.

Structure Ohio Revised Code

Ohio Revised Code

Title 23 | Courts-Common Pleas

Chapter 2307 | Civil Actions

Section 2307.01 | Action Defined.

Section 2307.011 | Civil Action Definitions.

Section 2307.06 | Suit on Bond.

Section 2307.07 | Copy of Bond.

Section 2307.09 | Married Woman May Sue and Be Sued.

Section 2307.10 | Wife's Right to Defend.

Section 2307.12 | Next Friend Liable for Costs.

Section 2307.131 | Appointment of Trustee of Interest of Person Not Yet Born - Representing Future Interest of Charitable Trust.

Section 2307.14 | Compensation and Replacement of Guardian Ad Litem or Trustee.

Section 2307.15 | Determination of Insanity of a Party.

Section 2307.16 | Partnership May Sue or Be Sued by Its Name.

Section 2307.17 | Person Claiming Property Interest May Be Made a Party.

Section 2307.18 | Officer Acting Under Process May Interplead.

Section 2307.22 | Joint and Several Tort Liability.

Section 2307.23 | Determining Percentage of Tortious Conduct Attributable to Party in Tort Action.

Section 2307.24 | Joint and Several Liability That Is Not Based in Tort.

Section 2307.25 | Right of Contribution.

Section 2307.26 | Enforcing Contribution One or More Tortfeasors.

Section 2307.27 | Satisfying Judgment - Apportioning Liability.

Section 2307.28 | Release or a Covenant Not to Sue or Not to Enforce Judgment.

Section 2307.29 | Contribution Rights Relation to Other Statutes.

Section 2307.30 | Separate Composition of Joint Debtor With Creditor.

Section 2307.34 | Cause of Action for Contribution in Favor of Primary Insurer Against Secondary Insurer.

Section 2307.381 | Long-Arm Statute Definitions.

Section 2307.382 | Personal Jurisdiction.

Section 2307.385 | Jurisdiction.

Section 2307.39 | Agreements to Be Bound by Ohio Law.

Section 2307.40 | Members and Officers of the General Assembly Privileged From Answering.

Section 2307.41 | Venue for Aircraft Negligence.

Section 2307.44 | Hazing Civil Liability.

Section 2307.45 | Reciprocity in Enforcing Tax Statutes.

Section 2307.46 | Request for Confidentiality by Woman Bringing Civil Action Based on Abortion.

Section 2307.50 | Civil Action to Recover Damages for Interference With the Parental or Guardianship Interest.

Section 2307.51 | Civil Action for Damages Related to Crime of Trafficking in Persons.

Section 2307.52 | Civil Action for Damages for Terminating or Attempting Termination of Pregnancy After Viability.

Section 2307.53 | Civil Action for Damages for Dismemberment Abortion or Partial Birth Feticide.

Section 2307.54 | Civil Action for Abortion After 20 Weeks.

Section 2307.60 | Civil Action for Damages for Criminal Act.

Section 2307.601 | No Duty to Retreat in Residence or Vehicle.

Section 2307.61 | Civil Action for Willful Damage or Theft.

Section 2307.611 | Damages in Actions for Identity Fraud.

Section 2307.62 | Civil Action for Damages by Cable Television Owner or Operator.

Section 2307.63 | Consent as Defense in Action Against Mental Health Professional Based on Sexual Conduct or Contact.

Section 2307.64 | Regulating Electronic Mail Advertisements.

Section 2307.65 | Civil Action to Recover Benefits Improperly Paid.

Section 2307.66 | Civil Action for Dissemination of Images.

Section 2307.67 | Civil Action - Critical Infrastructure Facility.

Section 2307.70 | Civil Action for Damages for Vandalism, Desecration or Ethnic Intimidation.

Section 2307.71 | Product Liability Definitions.

Section 2307.711 | Assumption of Risk as Affirmative Defense to Product Liability Claim.

Section 2307.72 | Civil Action for Product Liability Claim.

Section 2307.73 | Liability of Manufacturer - Enterprise Liability Rejected.

Section 2307.74 | Product Defective in Manufacture or Construction.

Section 2307.75 | Product Defective in Design or Formulation.

Section 2307.76 | Product Defective Due to Inadequate Warning or Instruction.

Section 2307.77 | Product Conforming to Representation Made by Manufacturer.

Section 2307.78 | Liability of Supplier.

Section 2307.79 | Compensatory Damages for Economic Loss From Manufacturer or Supplier.

Section 2307.80 | Punitive or Exemplary Damages From Manufacturer or Supplier.

Section 2307.81 | Dissemination of False Information About the Safety of Ohio's Food Supply.

Section 2307.84 | Silicosis or Mixed Dust Disease Claims - Definitions.

Section 2307.85 | Silicosis Claim - Prima Facie Showing - Evidence of Physical Impairment - Effect of Decision.

Section 2307.86 | Mixed Dust Disease Claim - Prima Facie Showing - Evidence of Physical Impairment - Effect of Decision.

Section 2307.87 | Silicosis or Mixed Dust Disease Claim - Filing of Evidence of Physical Impairment - Challenge - Administrative Dismissal.

Section 2307.88 | Silicosis or Mixed Dust Disease Claim - Tolling of Statute of Limitations - Nonmalignant and Cancer Claims Distinct.

Section 2307.89 | Silicosis or Mixed Dust Disease Claim Against Premises Owner.

Section 2307.90 | Silicosis or Mixed Dust Disease Claim - Operation of Other Laws Unaffected - Exhumation Not Required.

Section 2307.901 | Silicosis or Mixed Dust Disease Claim - Multiple Defendants - Substantial Factor Test.

Section 2307.902 | Silicosis or Mixed Dust Disease Claim - Piercing the Corporate Veil.

Section 2307.91 | Asbestos Claims - Definitions.

Section 2307.92 | Asbestos Claim - Prima Facie Showing - Evidence of Physical Impairment - Effect of Decision.

Section 2307.93 | Asbestos Claim - Filing of Evidence of Physical Impairment - Challenge - Administrative Dismissal.

Section 2307.94 | Asbestos Claim - Tolling of Statute of Limitations - Nonmalignant and Cancer Claims Distinct.

Section 2307.941 | Asbestos Claim Against Premises Owner.

Section 2307.95 | Asbestos Claim - Operation of Other Laws Unaffected.

Section 2307.951 | Definitions for Rc Sections 2307.952 to 2307.954.

Section 2307.952 | Disclosures Pertaining to Asbestos Trust Claims.

Section 2307.953 | Motion to Stay Proceedings in Asbestos Tort Action.

Section 2307.954 | Disclosure of Noncancer Asbestos Trust Claims and Cancer Asbestos Trust Claims.

Section 2307.96 | Asbestos Claim - Multiple Defendants - Substantial Factor Test.

Section 2307.97 | Cumulative Successor Asbestos-Related Liabilities of Corporation.

Section 2307.98 | Asbestos Claim - Piercing the Corporate Veil.