H.B. 716: Cause of Action for Chromium and Asbestos Injury upon Discovery of Injury

Diseases caused by inhalation of asbestos or chromium are very serious and often result in death. These diseases are most often suffered by those who work with these chemicals on a daily basis. Due to the nature of the diseases and the existing statute of limitations, many afflicted workers have received no compensation for their injuries. However, in 1980 the Ohio General Assembly passed House Bill 716 which amended the statute of limitation for personal injury caused by asbestos or chromium. In enacting the legislation, the Ohio legislature recognized that a long latency period exists between the time of exposure and the discovery of the resultant disease. The legislature also recognized that the general two-year statute of limitation, therefore, often precluded recovery. To remedy this situation, the legislature adopted a discovery rule which provides that the statute of limitation does not begin to run until the disease is discovered