May 25, 2007, Introduced by Senators CROPSEY, KUIPERS, JELINEK, ALLEN and GARCIA and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending section 5827 (MCL 600.5827) and by adding chapter 30
and section 5840.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER 30 ASBESTOS AND SILICA CLAIMS
Sec. 3001. As used in this chapter:
(a) "AMA guides to the evaluation of permanent impairment"
means the American medical association's guides to the evaluation
of permanent impairment (fifth edition, 2000).
(b) "Asbestos" means that term as defined in 29 CFR 1910.1001.
(c) "Asbestos claim" means a claim for damages or other civil
or equitable relief presented in a civil action, arising out of,
based on, or related to the health effects of exposure to asbestos,
including loss of consortium and any other derivative claim made by
or on behalf of an exposed person or a representative, spouse,
parent, child, or other relative of an exposed person. Asbestos
claim does not include a claim for benefits under a workers'
compensation law or veterans' benefits program or claims brought by
a person as a subrogee by virtue of the payment of benefits under a
workers' compensation law.
(d) "Asbestosis" means bilateral diffuse interstitial fibrosis
of the lungs caused by inhalation of asbestos fibers.
(e) "Board-certified in internal medicine" means certified by
the American board of internal medicine or the American college of
osteopathic internists.
(f) "Board-certified in occupational medicine" means certified
in the subspecialty of occupational-environmental or occupational
medicine by the American board of preventive medicine or the
American osteopathic board of preventive medicine.
(g) "Board-certified in oncology" means certified in the
subspecialty of medical oncology or oncology by the American board
of internal medicine or the American college of osteopathic
internists.
(h) "Board-certified in pathology" means a physician who holds
primary certification in anatomic pathology or clinical pathology
from the American board of pathology or the American osteopathic
board of pathology and to whose professional practice both of the
following apply:
(i) The practice is principally in the field of pathology.
(ii) The practice involves regular evaluation of pathology
materials obtained from surgical or postmortem specimens.
(i) "Board-certified in pulmonary medicine" means certified in
the subspecialty of pulmonary disease by the American board of
internal medicine or the American college of osteopathic
internists.
(j) "Certified 'B' reader" means an individual qualified as a
final or "B" reader under 42 CFR 37.51(b).
(k) "Civil action" means an action or claim of a civil nature
in court, whether defined as a case at law or in equity or
admiralty. Civil action does not include an action relating to a
workers' compensation law or a proceeding for benefits under a
veterans' benefits program.
(l) "Economic loss" means a pecuniary loss resulting from
physical impairment, including the loss of earnings or other
benefits related to employment, medical expense loss, replacement
services loss, loss due to death, burial costs, and loss of
business or employment opportunities.
(m) "Exposed person" means a person whose exposure to asbestos
or to asbestos-containing products is the basis for an asbestos
claim.
(n) "FEV1" means forced expiratory volume in the first second,
which is the maximal volume of air expelled in 1 second during
performance of a simple spirometric test.
(o) "FVC" means forced vital capacity, which is the maximal
volume of air expelled with maximum effort from a position of full
inspiration.
(p) "ILO scale" means the system for the classification of
chest x-rays contained in the international labour organization's
guidelines for the use of ILO international classification of
radiographs of pneumoconioses (2000).
Sec. 3002. As used in this chapter:
(a) "Lung cancer" means a malignant tumor located inside a
lung. Lung cancer does not include mesothelioma.
(b) "Mesothelioma" means a malignant tumor with a primary site
in the pleura or the peritoneum that has been diagnosed by a
physician who is board-certified in pathology using standardized
and accepted criteria of microscopic morphology or appropriate
staining techniques, or both.
(c) "Noneconomic loss" means subjective, nonmonetary loss
resulting from physical impairment, including pain, suffering,
inconvenience, mental anguish, emotional distress, disfigurement,
loss of society and companionship, loss of consortium, injury to
reputation, or any other nonpecuniary loss of any kind or nature.
(d) "Nonmalignant condition" means any condition that is
caused or may be caused by asbestos, other than a diagnosed cancer.
(e) "Nonsmoker" means a person who did not smoke cigarettes or
use any other tobacco product within the 15 years immediately
preceding the diagnosis that the person has a condition or disease
that is the basis for an asbestos or silica claim.
(f) "Pathological evidence of asbestosis" means a statement by
a physician who is board-certified in pathology that more than 1
representative section of lung tissue uninvolved with any other
disease process demonstrates a pattern of peribronchiolar or
parenchymal fibrosis in the presence of characteristic asbestos
bodies and that there is no other, more likely explanation for the
presence of the fibrosis.
(g) "Predicted lower limit of normal" means, with respect to a
test, the fifth percentile of healthy populations based on age,
height, and gender, as referenced in the AMA guides to the
evaluation of permanent impairment.
(h) "Punitive damages" means damages awarded against a
defendant in order to punish or deter the defendant or others from
engaging in similar behavior in the future.
(i) "Qualified physician" means a physician who has all of the
following qualifications:
(i) Is board-certified in internal medicine, oncology,
pathology, pulmonary medicine, radiology, or occupational medicine.
(ii) Has conducted a physical examination of the exposed
person.
(iii) Is treating or has treated the exposed person and has or
had a doctor-patient relationship with the exposed person.
(iv) Does not spend more than 10% of his or her professional
practice time providing consulting or expert services in connection
with actual or potential civil actions, and the physician's medical
group, professional corporation, clinic, or other affiliated group
does not earn more than 20% of its income from providing such
services.
(v) Is currently licensed to practice and actively practices
in the state where the plaintiff resides or where the plaintiff's
civil action was filed.
(vi) Receives or has received payment for the treatment of the
exposed person from the exposed person's third party payer.
(j) "Radiological evidence of asbestosis" means a quality 1
chest x-ray on the ILO scale or, if the exposed person is deceased
and pathology and a quality 1 chest x-ray are not available, a
quality 2 chest x-ray, that shows small, irregular opacities (s, t)
graded by a certified "B" reader as at least 1/1 on the ILO scale.
(k) "Radiological evidence of diffuse pleural thickening"
means a quality 1 chest x-ray on the ILO scale or, if the exposed
person is deceased and pathology and a quality 1 chest x-ray are
not available, a quality 2 chest x-ray, that shows bilateral
pleural thickening of at least B2 on the ILO scale and blunting of
at least 1 costophrenic angle.
Sec. 3003. As used in this chapter:
(a) "Silica" means a respirable crystalline form of silicon
dioxide, including, but not limited to, alpha, quartz,
cristobalite, and trydmite.
(b) "Silica claim" means a claim for damages or other civil or
equitable relief presented in a civil action, arising out of, based
on, or related to the health effects of exposure to silica,
including loss of consortium and any other derivative claim made by
or on behalf of an exposed person or a representative, spouse,
parent, child, or other relative of an exposed person. Silica claim
does not include a claim for benefits under a workers' compensation
law or veterans' benefits program or claims brought by a person as
a subrogee by virtue of the payment of benefits under a workers'
compensation law.
(c) "Silicosis" means nodular interstitial fibrosis of the
lungs caused by inhalation of silica.
(d) "Smoker" means a person who has smoked cigarettes or used
another tobacco product within the 15 years immediately preceding
the diagnosis that the person has a condition or disease that is
the basis for an asbestos or silica claim.
(e) "State" means a state of the United States, the District
of Columbia, the Commonwealth of Puerto Rico, the Northern Mariana
Islands, the Virgin Islands, Guam, American Samoa, and any other
territory or possession of the United States or a political
subdivision of a political entity defined as a state.
(f) "Substantial contributing factor" means that all of the
following apply:
(i) Exposure to asbestos or silica is the predominate cause of
the physical impairment alleged in the claim.
(ii) The exposure to asbestos or silica took place on a regular
basis over an extended period of time and in close proximity to the
exposed person.
(iii) A qualified physician has determined with a reasonable
degree of medical certainty that the physical impairment of the
exposed person would not have occurred but for the exposure to
asbestos or silica.
(g) "Third party payer" means a public or private health care
payment or benefits program, including, but not limited to, all of
the following:
(i) A health insurer.
(ii) A nonprofit health care corporation.
(iii) A organization.
(iv) A preferred provider organization.
(v) Medicaid or medicare.
(h) "Veterans' benefit program" means a program for benefits
in connection with military service administered by the veterans'
administration under title 38 of the United States Code.
(i) "Workers' compensation law" means a law respecting a
program administered by a state or the United States to provide
benefits, funded by a responsible employer or its insurance
carrier, for occupational diseases or injuries or for disability or
death caused by occupational diseases or injuries. Workers'
compensation law includes the longshore and harbor workers'
compensation act, 33 USC 901 to 950, and 5 USC 8101 to 8193,
popularly known as the federal employees' compensation act.
Workers' compensation law does not include 45 USC 51 to 60,
popularly known as the federal employers' liability act.
Sec. 3005. (1) A person is not entitled to assert an asbestos
claim or a silica claim unless the exposed person has a physical
impairment to which asbestos or silica exposure was a substantial
contributing factor.
(2) A person shall not bring or maintain a civil action
alleging an asbestos claim based on a nonmalignant condition unless
the person makes a prima facie showing that the exposed person has
or had a physical impairment resulting from a medical condition to
which exposure to asbestos was a substantial contributing factor. A
prima facie showing required by this subsection includes, at a
minimum, all of the following:
(a) Evidence verifying that a qualified physician has taken a
detailed occupational and exposure history of the exposed person
or, if the exposed person is deceased, from a person who is
knowledgeable about the exposures that form the basis of the
asbestos claim, including both of the following:
(i) The identification of all of the exposed person's principal
places of employment and exposures to airborne contaminants.
(ii) Whether each place of employment involved exposures to
airborne contaminants, including, but not limited to, asbestos
fibers or other disease causing dusts, that can cause pulmonary
impairment and the nature, duration, and level of each exposure.
(b) Evidence verifying that a qualified physician has taken a
detailed medical and smoking history, including a thorough review
of the exposed person's past and present medical problems and the
most probable cause of the problems.
(c) A determination by a qualified physician, on the basis of
a medical examination and pulmonary function testing, that the
exposed person has or had a permanent respiratory impairment rating
of at least class 2 as defined by and evaluated pursuant to the AMA
guides to the evaluation of permanent impairment.
(d) A diagnosis by a qualified physician of asbestosis or
diffuse pleural thickening, based at a minimum on radiological or
pathological evidence of asbestosis or radiological evidence of
diffuse pleural thickening.
(e) A determination by a qualified physician that asbestosis
or diffuse pleural thickening, rather than chronic obstructive
pulmonary disease, is or was a substantial contributing factor to
the exposed person's physical impairment, based at a minimum on a
determination that the exposed person has or had 1 or more of the
following:
(i) Total lung capacity, by plethysmography or timed gas
dilution, below the predicted lower limit of normal.
(ii) FVC below the lower limit of normal and a ratio of FEV1 to
FVC that is equal to or greater than the predicted lower limit of
normal.
(iii) A chest x-ray showing small, irregular opacities (s, t)
graded by a certified "B" reader at least 2/1 on the ILO scale.
(f) A conclusion by a qualified physician that the exposed
person's medical findings and impairment were not more probably the
result of causes other than the asbestos exposure revealed by the
exposed person's employment and medical history.
(3) A person shall not bring or maintain a civil action
alleging an asbestos claim based on lung cancer unless the person
makes a prima facie showing that includes, at a minimum, all of the
following:
(a) Diagnosis by a qualified physician who is board-certified
in pathology, pulmonary medicine, or oncology of a primary lung
cancer and that exposure to asbestos was a substantial contributing
factor to the cancer.
(b) Evidence sufficient to demonstrate that at least 10 years
have elapsed between the date of first exposure to asbestos and the
date of diagnosis of the lung cancer.
(c) Either of the following:
(i) If the exposed person is a nonsmoker, either of the
following:
(A) Radiological or pathological evidence of asbestosis.
(B) Evidence of occupational exposure to asbestos for 1 or
more of the following minimum exposure periods:
(I) Five exposure years if the exposed person was an
insulator, shipyard worker, worker in a manufacturing plant
handling raw asbestos, boilermaker, shipfitter, or steamfitter or
worked in another trade performing similar functions.
(II) Ten exposure years if the exposed person was a utility or
power house worker or secondary manufacturing worker or worked in
another trade performing similar functions.
(III) Fifteen exposure years if the exposed person was in
general construction, a maintenance worker, a chemical or refinery
worker, marine engine room personnel or other personnel on a
vessel, a stationary engineer or fireman, or a railroad engine
repair worker or worked in another trade performing similar
functions.
(ii) If the exposed person is a smoker, the requirements of
both sub-subparagraphs (A) and (B) of subparagraph (i).
(d) A conclusion by a qualified physician that the exposed
person's medical findings and physical impairment were not more
probably the result of causes other than the asbestos exposure
revealed by the exposed person's employment and medical history.
(4) A person shall not bring or maintain a civil action
alleging an asbestos claim based on cancer of the colon, rectum,
larynx, pharynx, esophagus, or stomach unless the person makes a
prima facie showing that includes, at a minimum, all of the
following:
(a) A diagnosis by a qualified physician who is board-
certified in pathology, pulmonary medicine, or oncology of primary
cancer of the colon, rectum, larynx, pharynx, esophagus, or
stomach, as applicable, and that exposure to asbestos was a
substantial contributing factor to the cancer.
(b) Evidence sufficient to demonstrate that at least 10 years
have elapsed between the date of first exposure to asbestos and the
date of diagnosis of the cancer.
(c) One or both of the following:
(i) Radiological or pathological evidence of asbestosis.
(ii) Evidence of occupational exposure to asbestos for 1 or
more of the following minimum exposure periods:
(A) Five exposure years if the exposed person was an
insulator, shipyard worker, worker in a manufacturing plant
handling raw asbestos, boilermaker, shipfitter, or steamfitter or
worker in another trade performing similar functions.
(B) Ten exposure years if the exposed person was a utility or
power house worker or secondary manufacturing worker or worker in
another trade performing similar functions.
(C) Fifteen exposure years if the exposed person was in
general construction, a maintenance worker, a chemical or refinery
worker, marine engine room personnel or other personnel on a
vessel, a stationary engineer or fireman, a railroad engine repair
worker, or a worker in another trade performing similar functions.
(d) A conclusion by a qualified physician that the exposed
person's medical findings and physical impairment were not more
probably the result of causes other than the asbestos exposure
revealed by the exposed person's employment and medical history.
(5) A prima facie showing under this section is not required
in a civil action alleging an asbestos claim based on mesothelioma.
(6) A person shall not bring or maintain a civil action
alleging a silica claim unless the person makes a prima facie
showing that the exposed person suffered a physical impairment as a
result of a medical condition to which exposure to silica was a
substantial contributing factor. A prima facie showing under this
subsection shall include, at a minimum, all of the following:
(a) Evidence verifying that a qualified physician has taken a
detailed occupational and exposure history of the exposed person
or, if the exposed person is deceased, from a person who is
knowledgeable about the exposures that form the basis of the
nonmalignant silica claim, which history includes all of the
following:
(i) All of the exposed person's principal places of employment
and exposures to airborne contaminants.
(ii) Whether each place of employment involved exposures to
airborne contaminants, including, but not limited to, silica
particles or other disease causing dusts, that can cause pulmonary
impairment and the nature, duration, and level of any such
exposure.
(b) Evidence verifying that a qualified physician has taken a
detailed medical and smoking history, including a thorough review
of the exposed person's past and present medical problems and the
most probable cause of the problems, and verifying a sufficient
latency period for the applicable stage of silicosis.
(c) A determination by a qualified physician, on the basis of
a medical examination and pulmonary function testing, that the
exposed person has a permanent respiratory impairment rating of at
least class 2 as defined by and evaluated pursuant to the AMA
guides to the evaluation of permanent impairment.
(d) A determination by a qualified physician that the exposed
person has either of the following:
(i) A quality 1 chest x-ray under the ILO scale or, if the
exposed person is deceased and pathology and quality 1 x-ray are
not available, a quality 2 x-ray, that has been read by a certified
"B" reader as showing, according to the ILO scale, bilateral
nodular opacities (p, q, or r) occurring primarily in the upper
lung fields, graded 1/1 or higher.
(ii) Pathological demonstration of classic silicotic nodules
exceeding 1 centimeter in diameter as published in 112 archive of
pathology and laboratory medicine 7 (July 1988).
(e) A conclusion by a qualified physician that the exposed
person's medical findings and impairment were not more probably the
result of causes other than the silica exposure revealed by the
exposed person's employment and medical history.
(7) A person shall not bring or maintain a civil action
alleging a silica claim other than a claim described in subsection
(6) unless the person makes a prima facie showing that includes, at
a minimum, all of the following:
(a) A report that meets either of the following requirements:
(i) The report is by a physician who is board-certified in
pulmonary medicine, internal medicine, oncology, or pathology and
states a diagnosis of the exposed person of silica-related lung
cancer and that, to a reasonable degree of medical probability,
exposure to silica was a substantial contributing factor to the
diagnosed lung cancer.
(ii) The report is by a physician who is board-certified in
pulmonary medicine, internal medicine, or pathology and states a
diagnosis of the exposed person of silica-related progressive
massive fibrosis or acute silicoproteinosis or of silicosis
complicated by documented tuberculosis.
(b) Evidence verifying that a qualified physician has taken a
detailed occupational and exposure history of the exposed person
or, if the exposed person is deceased, from a person who is
knowledgeable about the exposures that form the basis of the
nonmalignant silica claim, which history includes both of the
following:
(i) All of the exposed person's principal places of employment
and exposures to airborne contaminants.
(ii) Whether each place of employment involved exposures to
airborne contaminants, including, but not limited to, silica
particles or other disease causing dusts, that can cause pulmonary
impairment and the nature, duration, and level of the exposure.
(c) Evidence verifying that a qualified physician has taken a
detailed medical and smoking history, including a thorough review
of the exposed person's past and present medical problems and the
most probable cause of the problems.
(d) A determination by a qualified physician that the exposed
person has either of the following:
(i) A quality 1 chest x-ray under the ILO scale or, if the
exposed person is deceased and pathology and a quality 1 chest x-
ray are not available, a quality 2 chest x-ray, that has been read
by a certified "B" reader as showing, according to the ILO scale,
bilateral nodular opacities (p, q, or r) occurring primarily in the
upper lung fields, graded 1/1 or higher.
(ii) Pathological demonstration of classic silicotic nodules
exceeding 1 centimeter in diameter as published in 112 archive of
pathology and laboratory medicine 7 (July 1988).
(e) A conclusion by a qualified physician that the exposed
person's medical findings and impairment were not more probably the
result of causes other than the silica exposure revealed by the
exposed person's employment and medical history.
(8) To qualify for consideration under this section as
evidence relating to physical impairment, evidence, including
pulmonary function testing and diffusing studies, shall meet all of
the following criteria:
(a) Comply with the technical recommendations for
examinations, testing procedures, quality assurance, quality
control, and equipment of the AMA guides to the evaluation of
permanent impairment, contained in 20 CFR part 404, subpart P,
appendix 1, part A, section 3.00 E. and F., and the interpretive
standards in the official statement of the American thoracic
society entitled "lung function testing: selection of reference
values and interpretive strategies" as published in American review
of respiratory disease, 1991: 144:1202-1218.
(b) Not be obtained through testing or examinations that
violate any applicable law, regulation, licensing requirement, or
medical code of practice.
(c) Not be obtained under the condition that the exposed
person retain legal services in exchange for the examination, test,
or screening.
(9) For purposes of this section, the number of exposure years
shall be determined as follows:
(a) Each single year of exposure prior to 1972 shall be
counted as 1 year.
(b) Subject to subdivision (d), each single year of exposure
from 1972 through 1979 shall be counted as 1/2 year.
(c) Subject to subdivision (d), exposure after 1979 shall not
be counted.
(d) Each year after 1971 for which the plaintiff can establish
exposure exceeding the United States department of labor
occupational safety and health administration limit for 8-hour
time-weighted average airborne concentration for a substantial
portion of the year shall be counted as 1 year.
(10) All of the following apply to a ruling by a court that a
plaintiff has satisfactorily presented prima facie evidence to meet
the applicable requirements of this section:
(a) The ruling does not raise a presumption at trial that the
exposed person is impaired by an asbestos- or silica-related
condition.
(b) The ruling is not conclusive as to the liability of any
defendant.
(c) The ruling is not admissible at trial.
Sec. 3007. (1) A court may consolidate for trial any number
and type of asbestos or silica claims if all of the parties to the
claims consent. If all of the parties to the claims do not consent,
the court may consolidate for trial only asbestos or silica claims
relating to the same exposed person and members of the exposed
person's household.
(2) A civil action alleging an asbestos or silica claim may
only be brought in this state if the plaintiff is domiciled in this
state or the exposure to asbestos or silica that is a substantial
contributing factor to the physical impairment on which the claim
is based occurred in this state.
(3) The plaintiff in a civil action alleging an asbestos or
silica claim shall file with the complaint or other initial
pleading a written report and supporting test results that
constitute prima facie evidence of the exposed person's asbestos-
or silica-related physical impairment that meets the applicable
requirements of section 3005. In an asbestos or silica claim
pending on the effective date of the amendatory act that added this
chapter, the plaintiff shall file a written report and supporting
test results that comply with this subsection not later than 60
days after the effective date of the amendatory act that added this
chapter or 30 days before the commencement of trial of the action,
whichever occurs first.
(4) A court shall give a defendant in a civil action that
includes an asbestos or silica claim a reasonable opportunity to
challenge the adequacy of prima facie evidence of an asbestos- or
silica-related impairment offered under this chapter.
(5) If a court determines that a plaintiff has failed to make
the prima facie showing required by this chapter, the plaintiff's
claim shall be dismissed without prejudice.
Sec. 3009. (1) The period of limitations for an asbestos or
silica claim that is not barred as of the effective date of the
amendatory act that added this chapter accrues when the exposed
person discovers, or through the exercise of reasonable diligence
should have discovered, that he or she is physically impaired by an
asbestos- or silica-related condition.
(2) An asbestos or silica claim arising out of a nonmalignant
condition is 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.
(3) Damages for fear or risk of cancer shall not be awarded in
a civil action asserting an asbestos or silica claim.
(4) The settlement of a nonmalignant asbestos or silica claim
concluded after the effective date of the amendatory act that added
this chapter shall not require, as a condition of the settlement,
the release of any future claim for asbestos- or silica-related
cancer.
Sec. 3011. (1) Except as provided in subsection (2), the total
amount of damages awarded for noneconomic loss in a civil action
that includes an asbestos or silica claim shall not exceed
$250,000.00 or 3 times the amount of economic loss, whichever is
greater, regardless of the number of parties against whom the
action is brought.
(2) The total amount of damages awarded for noneconomic loss
in a civil action that includes an asbestos claim based upon
mesothelioma shall not exceed $500,000.00 or 3 times the amount of
economic loss, whichever is greater, regardless of the number of
parties against whom the action is brought.
(3) Punitive damages shall not be awarded in a civil action
that includes an asbestos or silica claim.
(4) At the time a complaint is filed in a civil action that
includes an asbestos or silica claim, the plaintiff shall file a
verified written report with the court that discloses the total
amount of any payments the plaintiff has received or reasonably
expects to receive from any source, including, but not limited to,
collateral source payments, settlements with joint tort feasors, or
recoveries from joint tort feasor bankruptcy trusts, as a result of
settlements or judgments based on the same claim. In a civil action
alleging an asbestos or silica claim pending on the effective date
of the amendatory act that added this chapter, the plaintiff shall
file the verified written report required by this subsection not
later than 60 days after the effective date of the act that added
this chapter or 30 days before the commencement of trial of the
action, whichever occurs first.
(5) A plaintiff in a civil action that includes an asbestos or
silica claim shall file updated reports disclosing the total amount
of payments received, or to be received in the future, on a regular
basis until a final judgment is entered in the action.
(6) A court shall ensure that information contained in the
initial and updated reports required by subsections (4) and (5) are
treated as privileged and confidential and that the contents of the
reports are not disclosed to anyone except the other parties to the
action.
Sec. 3013. (1) An attorney or representative of an individual
shall not receive, for services rendered in connection with filing,
litigating, settling, or otherwise assisting in bringing an
asbestos or silica claim governed by this chapter, more than 20% of
the amount awarded to the individual by way of settlement or
judgment.
(2) A representative of an asbestos or silica claimant who
violates this section shall be fined for each violation not more
than the greater of $5,000.00 or twice the amount received by the
representative for services rendered.
Sec. 3015. (1) A product seller other than a manufacturer is
liable to a plaintiff in a civil action that includes an asbestos
or silica claim only if the plaintiff establishes 1 or more of the
following:
(a) All of the following:
(i) The product that allegedly caused the harm that is the
subject of the complaint was sold, rented, or leased by the product
seller.
(ii) The product seller failed to exercise reasonable care with
respect to the product.
(iii) The failure to exercise reasonable care was a proximate
cause of the harm to the exposed person.
(b) All of the following:
(i) The product seller made an express warranty applicable to
the product that allegedly caused the harm that is the subject of
the complaint, independent of any express warranty made by the
manufacturer as to the same product.
(ii) The product failed to conform to the warranty.
(iii) The failure of the product to conform to the warranty
caused the harm to the exposed person.
(c) Both of the following:
(i) The product seller engaged in intentional wrongdoing, as
determined under applicable state law.
(ii) The intentional wrongdoing caused the harm that is the
subject of the complaint.
(2) For purposes of subsection (1)(a)(ii), a product seller's
failure to inspect the product is not a failure to exercise
reasonable care with respect to the product if either of the
following applies:
(a) The failure occurred because there was no reasonable
opportunity to inspect the product.
(b) An inspection of the product, in the exercise of
reasonable care, would not have revealed the aspect of the product
that allegedly caused the exposed person's impairment.
(3) In a civil action that includes an asbestos or silica
claim, a person engaged in the business of renting or leasing a
product is not liable for the tortious act of another solely by
reason of ownership of the product.
Sec. 3017. This chapter does not affect the scope or operation
of any workers' compensation law or veterans' benefit program or
the exclusive remedy or subrogation provisions of any such law or
authorize any lawsuit that is barred by such law.
Sec. 3019. This chapter applies to a civil action that
includes an asbestos or silica claim in which trial has not
commenced as of the effective date of the amendatory act that added
this chapter.
Sec. 5827. Except as otherwise expressly provided, the period
of limitations runs from the time the claim accrues. The claim
accrues
at the time provided in sections 5829 to 5838 5840,
and in
cases not covered by these sections the claim accrues at the time
the wrong upon which the claim is based was done regardless of the
time when damage results.
Sec. 5840. (1) An asbestos or silica claim described in
section 3009(1) accrues as provided in section 3009(1).
(2) As used in this section:
(a) "Asbestos claim" means that term as defined in section
3001.
(b) "Silica claim" means that term as defined in section 3003.