On 10th December 2024, Ohio lawmakers passed a contentious bill that could make it more challenging for individuals diagnosed with mesothelioma and other asbestos-related illnesses to succeed in their compensation claims against the parties that exposed them to asbestos. The bill introduces stricter requirements for claimants, possibly creating overwhelming obstacles for affected individuals. This decision came despite strong objections from several parties, including firefighters, veterans, and attorney's groups.
The new bill raises the bar for the evidence that must be presented in asbestos-related lawsuits. The recently passed legislation mirrors a version the Ohio Senate had previously approved. In 2023, Senate Republicans passed Senate Bill 63, which requires claimants who claim they suffered asbestos exposure due to a company's negligence to specify asbestos-contaminated products, exposure sites, and witnesses behind the exposure early in the legal process. This bill was passed despite opponents arguing that people who are exposed to asbestos usually do not show any signs of an illness until many years later to know immediately or without conducting investigations who might have exposed them to asbestos.
On the other hand, those supporting the bill claim that it is necessary to protect innocent businesses from attorneys who often include as many companies as possible as defendants in lawsuits, hoping to find those responsible for exposing their clients to asbestos. Proponents of the bill argue that it will prevent lawyers from naming companies as defendants in asbestos claims without clear evidence of their involvement.
Initially, opponents of the bill included the Veterans of Foreign Wars. However, the group later became neutral on the bill. This came after the Ohio House of Representatives made amendments addressing some of the group's concerns. These changes give judges more flexibility in allowing cases to move forward and relax how specific filings should be.
After the amendments, the bill was returned to the state senate for approval. On 18th December 2024, the Senate concurred with the House changes and passed the bill, turning it into an Act. The next step is for Governor Mike DeWine to decide whether to approve or disapprove the Act. If the Governor approves the Act, he will sign it, and it will become law. In Ohio, after the Governor signs an Act, it becomes law after 90 days. And if no action is taken within 10 days of receiving the Act, it automatically becomes law.
If this legislation becomes law, victims of asbestos-related illnesses who claim they developed their illness due to asbestos exposure while working for a certain company will be required to specify worksites, products, and witnesses involved in the exposure within 60 days. Failure to do so will qualify the defendant(s) to file a motion to dismiss the lawsuit.
If enacted, Senate Bill 63 could discourage victims and their families from pursuing legal action altogether, potentially leaving them without financial compensation for their medical bills and pain and suffering. But all that can be done now is to wait and see what the Governor decides.
Arizona Mesothelioma Lawyers
If you or a loved one were diagnosed with mesothelioma, contact our office to speak to one of our experienced Arizona mesothelioma attorneys about your situation. Our office can help investigate your case and determine if compensation can be sought from negligent parties to help pay for your medical treatment.
