Kentucky Statutes 338.195 – Rebuttable presumption in asbestos cleanup lawsuits
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In any personal injury or property damage lawsuit arising from the cleanup of asbestos, the demonstration that acts or omissions of a party to the lawsuit during the party’s involvement in cleanup of asbestos were in accordance with generally accepted practice and state-of-the-art scientific knowledge and utilized the best technology reasonably available to the party at the time the asbestos cleanup was performed shall create a rebuttable legal presumption that the acts or omissions were not negligent.
Effective: July 15, 1986
History: Created 1986 Ky. Acts ch. 279, sec. 2, effective July 15, 1986.
Legislative Research Commission Note. A technical correction has been made in this section by the Reviser of Statutes pursuant to KRS § 7.136.
Effective: July 15, 1986
Terms Used In Kentucky Statutes 338.195
- Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
History: Created 1986 Ky. Acts ch. 279, sec. 2, effective July 15, 1986.
Legislative Research Commission Note. A technical correction has been made in this section by the Reviser of Statutes pursuant to KRS § 7.136.