12-783. Asbestos personal injury claim; sworn statement; required information; dismissal; definition

337 words·~2 min read·/az/title-12/12-783

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. In any action involving a personal injury claim arising from exposure to asbestos and in addition to any requirements for asbestos exposure related claims prescribed in section 12-782, a plaintiff shall file a sworn statement within forty-five days after any asbestos action is filed. The sworn statement shall specify the facts that provide the basis for each claim against each defendant and shall include all of the following with specificity:

1. The name, address, date of birth, marital status, occupation, smoking history, current and past worksites and current and past employers for the exposed person and any person through whom the exposed person was exposed to asbestos.

2. Each person who is knowledgeable regarding the plaintiff's exposures.

3. Each asbestos-containing product to which the person was exposed or the other person was exposed if exposure was through another person.

4. The identity of the manufacturer or seller of the specific asbestos product for each exposure.

5. The specific location and manner of each exposure, including for any person through whom the exposed person was exposed to asbestos.

6. The beginning and ending dates of each exposure and the frequency of each exposure including for any person through whom the exposed person was exposed to asbestos.

7. The specific asbestos-related disease claimed to exist.

8. Any supporting documentation relating to the information required by this subsection.

B. A plaintiff has a continuing duty to supplement the information that is required to be disclosed pursuant to subsection A of this section.

C. On motion by a defendant, the court shall dismiss a plaintiff's claim without prejudice as to any defendant whose product or premises is not identified in the required disclosures set forth in subsection A of this section.

D. On motion by a defendant, the court shall dismiss a plaintiff's claim without prejudice as to all defendants if the plaintiff fails to comply with the requirements of this section.

E. For the purposes of this section, "personal injury claim" has the same meaning prescribed in section 12-782.