78B-6-2404. Accrual of action alleging nonmalignant condition.
130 words·~1 min read·
/ut/title-78b/chapter-6/78b-6-2404·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 5/3/2023
78B-6-2404. Accrual of action alleging nonmalignant condition.
Notwithstanding the requirements of Section 78B-2-117 , the statute of limitations for an asbestos action alleging a nonmalignant condition that is not time barred on or before May 3, 2023, may not begin to run until the earlier of the day on which:
(1)the exposed individual is diagnosed with a physical impairment that meets the prima facie evidence requirements of Section 78B-6-2403 ;
(2)the exposed individual discovered facts that would have led a reasonable individual to obtain a diagnosis with respect to the existence of a physical impairment from exposure to asbestos that would have met the prima facie evidence requirements of Section 78B-6-2403 ; or
(3)the exposed individual dies.
Enacted by Chapter 80 , 2023 General Session