The Texas Senate has passed a bill that could make it easier for mesothelioma victims to win in court.Senate Bill 1123, by state Sen. Robert Duncan of Lubbock, TX, reverses a Texas Supreme Court ruling that many believes made it nearly impossible for a mesothelioma victim to win in court.
The decision, known as Borg-Warner, said that a plaintiff in a mesothelioma lawsuit must show that he or she had enough asbestos exposure to to cause mesothelioma.
Researchers have said for years that there is no safe level of asbestos exposure, that any amount of asbestos fibers could lead to several asbestos-related diseases.
The Senate bill would reverse that burden of proof. Instead of the plaintiff bearing the burden of proof, the defendant must show that the plaintiff was not exposed to enough asbestos to cause his or her mesothelioma.
The bill applies only to victims of mesothelioma, not to the victims of other asbestos-related diseases like asbestosis or lung, throat or gastrointestinal cancer.
The bill faces an uphill battle in the Texas House of Representatives.
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