(a) In any civil action for injury or illness based upon exposure to asbestos, the time for the commencement of the action shall be the later of the following:
(1) Within one year after the date the plaintiff first suffered disability;
(2) Within one year after the date the plaintiff either knew, or through the exercise of reasonable diligence should have known, that the disability was caused or contributed to by the exposure; or
(3) Three years from the time the right to maintain the action accrues.
(b) “Disability” as used in subsection (a) of this section means the loss of time from work as a result of the exposure that precludes the performance of the employee’s regular occupation.
(c) In an action for the wrongful death of any plaintiff’s decedent, based upon exposure to asbestos, the time for commencement of an action shall be the later of the following:
(1) Within 2 years from the date of the death of the plaintiff’s decedent; or
(2) Within 2 years from the date the plaintiff first knew, or through the exercise of reasonable diligence should have known, that the death was caused or contributed to by the exposure.
(Feb. 28, 1987, D.C. Law 6-202, § 5, 34 DCR 527; June 3, 2011, D.C. Law 18-377, § 3, 58 DCR 1174; Oct. 22, 2012, D.C. Law 19-177, § 2, 59 DCR 9353.)
Prior Codifications1981 Ed., § 12-311.
Effect of AmendmentsD.C. Law 18-377, in subsec. (a), deleted “or” from the end of par. (1), substituted “; or” for a period the end of par. (2), and added par. (3).
The 2012 amendment by D.C. Law 19-177 substituted “2 years” for “one year” in (c)(1) and (c)(2).
Emergency LegislationFor temporary (90 day) amendment of section, see § 2 of Asbestos Statute of Limitations Clarification Emergency Act of 2010 (D.C. Act 18-585, October 20, 2010, 57 DCR 10134).
For temporary (90 day) amendment of section, see § 503 of Public Safety Legislation Sixty-Day Layover Emergency Amendment Act of 2010 (D.C. Act 18-693, January 18, 2011, 58 DCR 640).
For temporary (90 day) amendment of section, see § 503 of Public Safety Legislation Sixty-Day Layover Congressional Review Emergency Amendment Act of 2011 (D.C. Act 19-45, April 20, 2011, 58 DCR 3701).
Temporary LegislationSection 2 of D.C. Law 18-297 added subsec. (d) to read as follows:
“(d) A plaintiff in an asbestos-injury action shall have the longer of the limitation period prescribed by subsection (a) of this section or the limitation period prescribed by § 12-301(8).”.
Section 4(b) of D.C. Law 18-297 provided that the act shall expire after 225 days of its having taken effect.