Chapter 774 Asbestos-Related And Silica-Related Claims
Part I - Asbestos-Related Claims (ss. 774.001-774.008)
- §774.001 Legislative findings and intent.
The Legislature finds that the number of asbestos-related claims has increased significantly in recent years and threatens the continued viability of a number of uniquely...
- §774.002 Definitions.
(1) "Asbestos claim" means any claim, wherever or whenever made, for damages, losses, indemnification, contribution, or other relief arising out of, based on, or in any...
- §774.003 Applicability.
(1) The limitations in s. 774.004 apply to a corporation that is a successor and became a successor before January 1, 1972, or is any of...
- §774.004 Limitations on successor asbestos-related liabilities.
(1) Except as further limited in subsection (2), the cumulative successor asbestos-related liabilities of a corporation are limited to the fair market value of the total...
- §774.005 Establishing fair market value of total gross assets.
(1) A corporation may establish the fair market value of total gross assets for the purpose of the limitations under s. 774.004 through any method reasonable...
- §774.006 Adjustment.
(1) Except as provided in subsections (2), (3), and (4), the fair market value of total gross assets at the time of a merger or consolidation...
- §774.007 Scope.
The courts in this state shall apply, to the fullest extent permissible under the United States Constitution, this state's substantive law, including the limitation under...
- §774.008 Severability.
If any provision of this act or its application to any person or circumstance is held invalid, the invalidity shall not affect other provisions or...
Part II - Asbestos And Silica Compensation Fairness Act
(ss. 774.201-774.209)
- §774.201 Short title.
This act may be cited as the "Asbestos and Silica Compensation Fairness Act". History.--s. 1, ch. 2005-274. 1Note.--Section 10, ch. 2005-274, provides that "[t]his act...
- §774.202 Purpose.
It is the purpose of this act to: (1) Give priority to true victims of asbestos and silica, claimants who can demonstrate actual physical impairment caused...
- §774.203 Definitions.
As used in this act, the term: (1) "AMA Guides to the Evaluation of Permanent Impairment" means the American Medical Association's Guides to the Evaluation of...
- §774.204 Physical impairment.
(1) Physical impairment of the exposed person, to which asbestos or silica exposure was a substantial contributing factor, is an essential element of an asbestos or...
- §774.205 Claimant proceedings.
(1) A civil action alleging an asbestos or silica claim may be brought in the courts of this state if the plaintiff is domiciled in this...
- §774.206 Statute of limitations; two-disease rule.
(1) Notwithstanding any other law, with respect to any asbestos or silica claim not barred as of the effective date of this act, the limitations period...
- §774.207 Scope of liability; damages.
(1) Punitive damages may not be awarded in any civil action alleging an asbestos or silica claim. (2) At the time a complaint is filed in a...
- §774.208 Liability rules applicable to protect sellers, renters, and lessors.
(1)(a) In a civil action alleging an asbestos or silica claim, a product seller other than a manufacturer is liable to a plaintiff only if the...
- §774.209 Miscellaneous provisions.
(1) This act does not affect the scope or operation of any workers' compensation law or veterans' benefit program, affect the exclusive remedy or subrogation provisions...
