Dallas, Texas – A bill making its way through the Texas Legislature would create a new standard for malignant mesothelioma victims to prove that their injuries were caused by exposure to asbestos containing products. The bill (Senate Bill No. 1123 and House Bill 1811) was filed jointly last week by members of the Texas State Senate and House of Representatives.
“This bill would protect the rights of Texas mesothelioma victims by establishing a fair legal standard which is in-line with the mainstream scientific community,” said Texas mesothelioma attorney Ben DuBose of DuBose Law Firm, PLLC.
Mesothelioma is a deadly form of cancer caused by exposure to asbestos that can attack the lining of the lung, abdomen and heart. Thousands of individuals in the United States are diagnosed with mesothelioma every year as a result of asbestos exposure that occurred in the work place, while serving in the military or unfortunately even at home – from a family member bringing the asbestos dust home on their clothing or from household items and materials that contained asbestos.
The current causation standard in Texas is based on a review of the dose requirements for the development of asbestosis. If enacted by the Texas Senate and House of Representatives, the new bill would provide for a different causation standard for mesothelioma victims.
“Asbestosis is a scarring of the lung caused by years of daily occupational exposure to asbestos. Typically, at least five years of daily occupational exposure to asbestos is necessary for the development of asbestosis. But with mesothelioma, there is no safe level of exposure – even short or brief non-occupational exposure – is sufficient to cause the disease,” said DuBose.
The new Texas bill would remove the requirement for mesothelioma claimants “to prove, for any purpose, a quantitative dose, approximate quantitative dose or estimated quantitative dose of asbestos fibers to which the exposed person was exposed” in order to meet the standard of causation. Additionally, the law would allow defendants to establish the liability of other responsible parties under the same causation standards as the plaintiff.
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