Nebraska LB 694: Provide a statute of limitations for exposure to certain chemicals, prescription drugs, or medical devices

Bill Text

LEGISLATURE OF NEBRASKA
ONE HUNDRED SEVENTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 694

Introduced by Blood, 3.
Read first time January 05, 2022
Committee: Judiciary
A BILL FOR AN ACT relating to civil actions; to amend section 25-224,1
Reissue Revised Statutes of Nebraska; to provide for a statute of2
limitations for exposure to certain chemicals, prescription drugs,3
or medical devices; to define terms; to harmonize provisions; and to4
repeal the original section.5
Be it enacted by the people of the State of Nebraska,6
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Section 1. Section 25-224, Reissue Revised Statutes of Nebraska, is1
amended to read:2
25-224 (1) All product liability actions, except one governed by3
subsection (5) or (6) of this section, shall be commenced within four4
years next after the date on which the death, injury, or damage5
complained of occurs.6
(2)(a) Notwithstanding subsection (1) of this section or any other7
statutory provision to the contrary, any product liability action, except8
one governed by section 2-725, Uniform Commercial Code or by subsection9
(5) or (6) of this section, shall be commenced as follows:10
(i) For products manufactured in Nebraska, within ten years after11
the date the product which allegedly caused the personal injury, death,12
or damage was first sold or leased for use or consumption; or13
(ii) For products manufactured outside Nebraska, within the time14
allowed by the applicable statute of repose, if any, of the state or15
country where the product was manufactured, but in no event less than ten16
years. If the state or country where the product was manufactured does17
not have an applicable statute of repose, then the only limitation upon18
the commencement of an action for product liability shall be as set forth19
in subsection (1) of this section.20
(b) If the changes made to this subsection by Laws 2001, LB 489, are21
declared invalid or unconstitutional, this subsection as it existed prior22
to September 1, 2001, shall be deemed in full force and effect and shall23
apply to all claims in which a final order has not been entered.24
(3) The limitations contained in subsection (1), (2), or (5), or (6)25
of this section shall not be applicable to indemnity or contribution26
actions brought by a manufacturer or seller of a product against a person27
who is or may be liable to such manufacturer or seller for all or any28
portion of any judgment rendered against a manufacturer or seller.29
(4) Notwithstanding the provisions of subsections (1) and (2) of30
this section, any cause of action or claim which any person may have on31
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July 22, 1978, may be brought not later than two years following such1
date.2
(5) Any action to recover damages based on injury allegedly3
resulting from exposure to asbestos composed of chrysotile, amosite,4
crocidolite, tremolite, anthrophyllite, actinolite, or any combination5
thereof, shall be commenced within four years after the injured person6
has been informed of discovery of the injury by competent medical7
authority and that such injury was caused by exposure to asbestos as8
described herein, or within four years after the discovery of facts which9
would reasonably lead to such discovery, whichever is earlier. No action10
commenced under this subsection based on the doctrine of strict liability11
in tort shall be commenced or maintained against any seller of a product12
which is alleged to contain or possess a defective condition unreasonably13
dangerous to the buyer, user, or consumer unless such seller is also the14
manufacturer of such product or the manufacturer of the part thereof15
claimed to be defective. Nothing in this subsection shall be construed to16
permit an action to be brought based on an injury described in this17
subsection discovered more than two years prior to August 30, 1981.18
(6)(a) An action to recover damages based on injury or death that is19
caused by exposure to a hazardous or toxic chemical or a prescription20
drug or device or legend drug or device shall be commenced within ten21
years next after the cause of action accrues.22
(b) Such a cause of action accrues upon the earlier of the date on23
which the plaintiff:24
(i) Is informed by competent medical authority that the injury or25
death is related to the exposure to such chemical, drug, or device; or26
(ii) By the exercise of reasonable diligence, should have known that27
the injury or death is related to the exposure to such chemical, drug, or28
device.29
(c) For purposes of this section, prescription drug or device or30
legend drug or device has the same meaning as in section 38-2841.31
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(d) This subsection does not apply to actions described in1
subsection (5) of this section.2
Sec. 2. Original section 25-224, Reissue Revised Statutes of3
Nebraska, is repealed.4
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