(A) In order to have an asbestos or silica claim placed on any active trial docket in this State, or brought to trial in this State, or conduct discovery in an asbestos or silica claim in this State, an individual must provide prima facie evidence of impairment by serving on each defendant who answers or otherwise appears, a report prescribed by this act.
(B) In an action pending on the date this chapter becomes law, the case shall not be allowed to be called for or proceed to trial until ninety days after a report has been served on each defendant.
(C) This act shall not be interpreted to create, alter, or eliminate a legal cause of action for any asbestos- and/or silica-related claimant who has been diagnosed with any asbestos- and/or silica-related disease. The act sets the procedure by which the courts in South Carolina shall manage trial settings for all asbestos- and/or silica-related claims.
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.