Louisiana Revised Statutes 9:5644 – Prescription of actions involving asbestos abatement
Terms Used In Louisiana Revised Statutes 9:5644
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Enrolled bill: The final copy of a bill or joint resolution which has passed both chambers in identical form. It is printed on parchment paper, signed by appropriate officials, and submitted to the President/Governor for signature.
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
A. Asbestos abatement shall include any of the following:
(1) The removal of asbestos or materials containing asbestos from any building.
(2) Any other measures taken to detect, correct, or ameliorate any problem related to asbestos in a building.
(3) Reimbursement for the removal, correction, or amelioration of asbestos or materials containing asbestos.
B. Notwithstanding any other provision of law to the contrary, any time limitation or prescriptive period which may be applicable to any action to recover for asbestos abatement work shall not apply or expire until five years after the date on which the party seeking to recover has completed the abatement work or discovered the identity of the manufacturer of the materials which require abatement, whichever is later.
C. Any person who has an action to recover for asbestos abatement work under the provisions of this Section but whose action is barred by the prescriptive period provided in La. Rev. Stat. 9:5644* shall have one year from the effective date of this Act within which to bring an action or be forever barred.
D. Nothing in this Section is intended to nor shall it have the effect of changing in any respect the applicable prescription periods fixed by law for benefits under the worker’s compensation law for claims for damages due to asbestos related injury or disease.
Acts 1985, No. 728, §1.
*NOTE: AS APPEARS IN ENROLLED BILL.