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Read. Follow. Verify.West Virginia Bill HB 5324 sets statute of limitations rules for asbestos and silica lawsuits and establishes a 12-year repose period for coal-mining equipment manufacturers
Last action · February 9, 2026: To House JudiciarySponsor: Matthew Rohrbach
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What This Bill Proposed
House Bill 5324 establishes that the for asbestos and silica claims begins upon medical diagnosis, discovery of impairment facts, or death, while setting a strict 12-year repose period from first sale for coal-mining equipment manufacturers complying with federal safety rules.
The measure alters when injured individuals can legally file asbestos or silica claims and restricts liability timelines for specific coal-mining equipment manufacturers based on federal compliance standards.
Who It Would Have Affected
Groups the bill's text would have affected, as described in the record. Being affected is not a position for or against it.
exposed persons
The bill determines when their cause of action for asbestos or silica exposure accrues and restricts damages for fear of future disease.
manufacturers of equipment used in coal mining
The bill establishes specific time limits and a repose period of 10 or 12 years from first sale or delivery for liability claims related to compliant equipment.
Key Facts
- An exposed person's cause of action for asbestos or silica does not accrue until the earlier of receiving a medical diagnosis, discovering facts that would lead a reasonable person to obtain a diagnosis, or the date of death.
- The statute does not revive or extend limitations for claims already time-barred on the article's effective date.
- The statute does not affect, impair, limit, modify, or nullify any settlements or agreements entered into prior to the effective date.
- A nonmalignant asbestos or silica condition is a distinct cause of action from an asbestos- or silica-related cancer.
Show all 6 facts
- No damages may be awarded for fear or increased risk of future disease in an asbestos or silica action.
- Plaintiffs cannot bring actions against manufacturers of equipment used in coal mining created in compliance with Federal Mine Safety and Health Administration requirements except within the applicable limitations period and within 12 years from first sale, lease, or delivery, or 10 years from first sale to an initial user/consumer, whichever expires earlier, unless expressly warranted for a longer period.
Frequently Asked Questions
When does the statute of limitations begin for an asbestos or silica claim under this bill?
Are nonmalignant conditions treated the same as cancer claims?
What are the time limits for suing coal-mining equipment manufacturers?
What else do you want to know?
News Coverage
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Votes, people, money & the original sourceWhere This Stands
This bill did not become law - Died at adjournment · in House committee.
Procedural history
4 actions- Feb 9, 2026HouseCommitteeTo House Judiciary
- Feb 9, 2026HouseIntroducedIntroduced in House
- Feb 9, 2026HouseCommitteeTo Judiciary
- Feb 9, 2026HouseIntroducedFiled for introduction
Version history
Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.
View official text →Lobbying Activity
No state lobbying filings in our records match this bill. Federal lobbying reports (LDA) cover Congress, so they are not listed on state bills.
Full breakdown
Who this bill affects and the strongest case for and against it, written only from the bill’s own text.
Sponsors
Connected Entities
Sources
www.wvlegislature.gov
Analysis Score
0–100- Significance20Lowered because this bill did not pass (its text scored 65)
- Controversy60Intensity of disagreement among stakeholders
- Entertainment5Compellingness for a non-policy-wonk reader
- Buzz25Current news / social attention level
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