Guam § 11402 - Exposure to Asbestos, Actions for Injury, Illness or Wrongful Death.

§ 11402. Exposure to Asbestos, Actions for Injury, Illness or Wrongful Death.

(a) In any civil action for injury or illness based upon exposure to asbestos, chemicals, or other toxic

agents, the time for the commencement of the action shall be the later of the following:

(1) Within two (2) years after the date the plaintiff first suffered disability and either before or

after suffering the disability the plaintiff was informed by a licensed physician, clearly and

comprehensively, to the degree that the plaintiff is capable of understanding, that he was diagnosed as

having any one or more of the following several and distinct injuries, pleural disease, or pulmonary

asbestosis, or malignant mesothelioma, or other carcinoma or other specific asbestos-related injury,

causing the disability; or

(2) Within two (2) years after the date the plaintiff either knew, or through the exercise of

reasonable diligence should have known,

(A) that such disability was caused or contributed to by such exposure and

(B) that the disability or injury was caused by a violation of a duty towards the plaintiff; or

(3) Two (2) years from the effective date of this Act.

(b) “Disability” as used in Subsection (a) of this Section means the loss of time from work as a result

of exposure to asbestos, which precludes the performance of the employee’s regular occupation.

COL 2024-12-05

(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 two (2) years from the date of death of the plaintiff’s decedent, or the date of enactment

of this Act, whichever is later; or

(2) Within two (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 such exposure.

(d) The provisions of this Section shall apply retroactively to all unfiled claims and to all pending

litigation in the courts of Guam, or which are on appeal. Pending litigation as used in this Subsection shall

include any action that has been filed in the courts of Guam.

(e) The burden of proving that this Section is a bar to any cause of action for illness, injury, property

damage or wrongful death is upon the party asserting this section as a defense.

(f) Nothing in this Section shall be construed as waiving the sovereign immunity of the government

of Guam.

(g) This Section shall not change the statute of limitations for any claim against the government of

Guam.