In what could be the most important legislation to be passed in recent months, the Texas Senate has passed the mesothelioma Senate Bill 1123 by a 19-11 margin. This bill will help people exposed to asbestos seek damages in an easier manner.
The bill applies only to mesothelioma sufferers and was moved by Sen. Robert Duncan, R-Lubbock. Asbestos injury attorneys will now breathe easily as the bill lowers standard of proof required to show that asbestos exposure was the main cause of their clients developing cancer.
According to the National Cancer Institute, “Mesothelioma is a rare form of cancer in which malignant (cancerous) cells are found in the mesothelium, a protective sac that covers most of the body’s internal organs. Most people who develop mesothelioma have worked on jobs where they inhaled asbestos particles.”
Asbestos is found in many industrial products, including cement, brake linings, roof shingles, flooring products, textiles, and insulation. Therefore it arises that workers in these sectors have a higher risk of developing mesothelioma.
About 2,000 new cases of mesothelioma are diagnosed in the United States each year. Asbestos injury lawsuits have faced major hurdles in the past because the burden of proof linking exposure and subsequent cancer development was next to impossible.
By passing the mesothelioma Senate Bill 1123, the Texas Senate has now made it easier for those exposed to asbestos to claim damages. However a caveat is that it also allows the defendants to produce technical evidence regarding the level of asbestos exposure.
The bill will now be presented to the House in Texas and will come into effect should it pass muster there as well.