Guam § 41104 - Liability for Exposure to Toxic Substances.

§ 41104. Liability for Exposure to Toxic Substances.

(1) Any person who has been exposed to toxic substances at a level

above federally permitted levels of exposure shall be entitled to bring an

action for damage against:

(a) The manufacturer of the toxic substances or any person who

incorporates a toxic substance in the manufacture of a product. Such

persons shall be strictly liable for all damages resulting from human

exposure to toxic substances at levels above federally permitted levels

of exposure.

(b) Any other person who is responsible for the claimant's

exposure to the toxic substances. Such other persons shall be liable for

damages under this Chapter if their negligence results in the claimant's

exposure to toxic substances.

(i) Persons responsible for exposure shall include any person

who controls the toxic substance after its manufacture or who

controls any product which contains a toxic substance; provided,

that such person is negligent in the use, storage, disposal, cleanup

or other control of the toxic substance. Violations of federal

cleanup regulations shall constitute negligence per se for the

purposes of this Chapter.

(2) Recoverable damages shall include injury, increased risk of illness

or injury, lost income, medical expenses, pain and suffering, emotional

distress (attributed to the exposure), loss of ability to enjoy life, loss of

consortium, loss of ability to procreate, medical expenses for treatment or

monitoring, and any other direct or indirect effects of exposure.

(3) Punitive damages shall be recoverable under this Chapter against

any person who conceals the harmful effects of toxic substance or against

any person who acts with reckless indifference to human health in the

manufacture, use, storage or cleanup of toxic substances.

(4) Persons who recover damages under this Chapter shall receive

interest on all amounts recovered, from the date of injury until the date paid,

at the rates set out in 26 U.S.C. '6621(a)(1), plus attorneys' fees, and costs

of suit.

(5) In proving increased likelihood of injury, the following rules shall

apply:

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(a) Once a showing of exposure of a toxic substance above

federally permitted levels has been made, the parties responsible for

the exposure shall have the burden of disproving an increased

likelihood of disease or injury to the exposed person;

(b) All doubts shall be resolved in favor of the exposed person;

and

(c) Studies indicating harmful effects of exposure on animals shall

create a presumption that exposure of humans will also be harmful and

will cause similar results.

(6) A cause of action for exposure under this Chapter shall accrue at the

time of exposure, regardless of whether physical manifestation of injury has

occurred. Any action under this Chapter must be brought within four (4)

years of the date of the last exposure, or within two (2) years of the date of

discovery of the harm caused by the exposure, whichever is later.