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West Virginia Legislature· SB 1008Signed

Relating to statute of limitations for asbestos and silica litigation, the official text

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.
         ...............................................................

                       Clerk of the Senate
                           ...............................................................
                               Clerk of the House of Delegates

         Originated in the Senate.
         In effect from passage.

                                       ...............................................................
                                                 President of the Senate
                                                           ...............................................................
                                                              Speaker of the House of Delegates
                                                        __________

              The within is ................................................ this the...........................................
         Day of ..........................................................................................................., 2026.

                                                                   .............................................................
                                                                                         Governor

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