Kansas Statutes 60-4904. Same; preclusion of claims, when
Terms Used In Kansas Statutes 60-4904
- Asbestos: means all minerals defined as asbestos in 29 C. See Kansas Statutes 60-4901
- Asbestos claim: means any claim for damages, losses, indemnification, contribution or other relief arising out of, based on, or in anyway related to inhalation of, exposure to, ingestion of, or contact with asbestos. See Kansas Statutes 60-4901
- Civil action: means all suits or claims of a civil nature in a state or federal court, whether cognizable as cases at law or in equity or admiralty. See Kansas Statutes 60-4901
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Exposed person: means a person whose exposure to:
(1) Silica is the basis for a silica claim; or
(2) asbestos is the basis for an asbestos claim. See Kansas Statutes 60-4901
- Nonmalignant condition: means a condition, other than a diagnosed cancer, that is caused or may be caused by either of the following, whichever is applicable:
(1) Silica; or
(2) asbestos. See Kansas Statutes 60-4901
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Silica: means a respirable crystalline form of silicon dioxide, including, but not limited to, alpha quartz, cristobalite and trydmite. See Kansas Statutes 60-4901
(a) Notwithstanding any other provision of the Kansas Statutes Annotated, and amendments thereto, for any claim based upon a nonmalignant condition resulting from silica or asbestos that is not barred as of the effective date of this act, the period of limitations shall not begin to run until the exposed person discovers, or through the exercise of reasonable diligence should have discovered, that such person has a physical impairment due to a nonmalignant condition resulting from silica or asbestos. A claim based upon a nonmalignant condition resulting from silica or asbestos is preserved for purposes of the period of limitations if such was filed before the cause of action arises pursuant to this section and amendments thereto.
(b) A silica or asbestos claim for a nonmalignant condition shall not preclude or bar a subsequent claim by the same exposed person for silica-related cancer or asbestos-related cancer. No damages shall be awarded for fear or risk of cancer in any civil action asserting only a silica or asbestos claim for a nonmalignant condition.
(c) No settlement of a silica or asbestos claim for a nonmalignant condition that is concluded after the effective date of this section shall require the release of any future claim for silica-related cancer or asbestos-related cancer as a condition of settlement.