Shown verbatim: the complete text as captured from the official PDF posted by the West Virginia Legislature, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
WEST VIRGINIA LEGISLATURE
2026 REGULAR SESSION
Enrolled
Senate Bill 1008
BY SENATORS HELTON, ROSE, AND TARR
[Passed March 14, 2026; in effect from passage]
Enr SB 1008
1 AN ACT to amend and reenact §55-7G-9 of the Code of West Virginia, 1931, as amended, relating
2 to the statute of limitations for asbestos and silica litigation; and clarifying when a cause
3 of action may be brought.
Be it enacted by the Legislature of West Virginia:
ARTICLE 7G. ASBESTOS AND SILICA CLAIMS PRIORITIES ACT.
§55-7G-9. Statute of limitations; two-disease rule.
1 (a) With respect to an asbestos or silica action not barred by limitations as of this article's
2 effective date, an exposed person's cause of action shall not accrue, nor shall the running of
3 limitations commence, prior to the earlier of the date:
4 (1) The exposed person received a medical diagnosis of an asbestos-related impairment
5 or silica-related impairment;
6 (2) The exposed person discovered facts that would have led a reasonable person to
7 obtain a medical diagnosis with respect to the existence of an asbestos-related impairment or
8 silica-related impairment; or
9 (3) The date of death of the exposed person having an asbestos-related or silica-related
10 impairment.
11 (b) Nothing in this section shall be construed to revive or extend limitations with respect to
12 any claim for asbestos-related impairment or silica-related impairment that was otherwise time-
13 barred on the effective date of this article.
14 (c) Nothing in this section shall be construed so as to adversely affect, impair, limit, modify,
15 or nullify any settlement or other agreements with respect to an asbestos or silica action entered
16 into prior to the effective date of this article.
17 (d) An asbestos or silica action arising out of a nonmalignant condition shall be a distinct
18 cause of action from an action for an asbestos-related or silica-related cancer. Where otherwise
19 permitted under state law, no damages shall be awarded for fear or increased risk of future
20 disease in an asbestos or silica action.
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Enr SB 1008
21 (e) Notwithstanding the provisions of this section, a plaintiff in an asbestos or silica action
22 may not bring an action against the manufacturers of mining equipment used underground when
23 the exclusive use of asbestos in the equipment was as a result of specific requirements under 30
24 CFR Part 18 or, as to the use of silica, the design was as specified in 30 CFR Part 33 when the
25 equipment was originally manufactured, based on any theory or doctrine, except within the
26 applicable limitations period and, in any event, within 12 years from the date of first sale, lease,
27 or delivery of possession by the manufacturers or 10 years from the date of first sale, lease, or
28 delivery of possession to its initial user, consumer, or other non-seller, whichever period expires
29 earlier, unless the manufacturers of equipment used in coal mining have expressly warranted or
30 promised the product for a longer period and the action is brought within that period. This
31 subsection does not apply to the use of brakes and any brake material.
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Enr SB 1008
The Clerk of the Senate and the Clerk of the House of Delegates hereby
certify that the foregoing bill is correctly enrolled.
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Clerk of the Senate
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Clerk of the House of Delegates
Originated in the Senate.
In effect from passage.
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President of the Senate
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Speaker of the House of Delegates
__________
The within is ................................................ this the...........................................
Day of ..........................................................................................................., 2026.
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Governor
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