(A) Notwithstanding any other provision of law, with respect to any asbestos or silica claim not barred as of the effective date of this chapter, the limitations period shall not begin to run until the exposed person or claimant discovers, or through the exercise of reasonable diligence should have discovered, that the exposed person or claimant is physically impaired as set forth in this chapter by an asbestos- or silica-related condition.
(B) An asbestos or silica claim arising out of a nonmalignant condition shall be a distinct cause of action from an asbestos or silica claim relating to the same exposed person arising out of asbestos- or silica-related cancer, and resolution of an asbestos or silica claim arising out of a nonmalignant condition shall not affect the ability of the same exposed person to bring a separate asbestos or silica claim arising out of an asbestos- or silica-related cancer, that otherwise meets all the requirements of Section 44-135-50 or 44-135-60.
HISTORY: 2006 Act No. 303, Section 1, eff May 24, 2006.
Structure South Carolina Code of Laws
Chapter 135 - The Asbestos And Silica Claims Procedure Act Of 2006
Section 44-135-10. Citation of act.
Section 44-135-30. Definitions.
Section 44-135-40. Pulmonary function testing; qualifications of evaluating physician.
Section 44-135-60. Prerequisites to bringing silica claim; medical reports; admissibility.
Section 44-135-70. Service of reports on defendants.