Washington--Florida Gov. Jeb Bush signed legislation yesterday designed to reduce the amount of asbestos- and silica-related lawsuits filed in the state.
"With the help of the Florida Legislature, we have created a business-friendly climate second to none in the country," Gov. Bush said. "Government doesn't create jobs, but we can create the environment where businesses can succeed and grow.
"Lawsuit abuse is one of the greatest threats to Florida's robust business climate. The legislation I am signing today will help protect Florida businesses from lawsuit abuse and spur more growth," Gov. Bush continued.
Under the legislation, known as the Asbestos and Silica Compensation Fairness Act, potential plaintiffs will have to meet specific medical criteria demonstrating an actual illness to have their claim heard in court.
Claimants who have not shown any symptoms of asbestos- or silica-related disease, as well as those claiming a fear or risk of developing cancer, will not have a course of legal action, although they will be allowed to go to court should they develop an illness in the future.
Smokers also are precluded from filing claims related to damage to the lungs or other areas that could be affected by smoking.
The bill requires that, in order to file an asbestos- or silica-related lawsuit in Florida, the victim must live in the state or have been exposed in the state. The legislation also abolishes punitive damages in asbestos or silica cases and provides for trust arrangements in settlements or judgments.
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