Is Indiana Law Regarding Asbestos Exposure Unconstitutional?

The Indiana Supreme Court ruled on March 2^nd that Indiana’s 10-year statute of repose for product liability actions regarding asbestos-related disease is unconstitutional. The ruling stated that the provision treats similar plaintiffs differently. The ruling of the court was a split decision involving three consolidated appeals.

According to the court, the repose law violates Indiana Constitution’s equal privileges and immunities clause. This decision could help the rights of patients dealing with mesothelioma and other asbestos-related diseases. It may open the opportunity for a number of lawsuits to come forward from those who sold raw asbestos, mined, or worked in buildings that contained products made with asbestos.

Indiana’s asbestos product liability and product liability laws has two sections that set differing statutes on when asbestos-related claims must be filed. Indiana Code 34-20-3-1 Section 1 puts a 10-year limit from the date of delivery of the product to the consumer.

The asbestos product liability law, Indiana Code 34-20-4-2(a)(2), Section 2 omits the 10-year limit.

At Bailey Cowan Heckaman PLLC, our mesothelioma attorneys understand that those dealing with asbestos-related diseases such as mesothelioma need help protecting their rights to compensation. We keep ourselves updated regarding law changes throughout the United States so we are well prepared anytime a client needs us to take legal action on their behalf.

If you or someone you love has developed mesothelioma, speak with our firm today. We are here to help you navigate the difficult legal process and hold the negligent party accountable whether they knowingly allowed you to work with asbestos-containing products or did not provide proper safety protocols. Learn more about your rights and options to see what you may be able to do.

Contact our legal team today to discuss your potential mesothelioma claim with a skilled lawyer.