SB246 Alabama 2011 Session

Summary

Primary Sponsor

Hank Sanders

Democrat

Session

Regular Session 2011

Title

Toxic substances exposure, statute of limitations extended, retroactive effect, Jack Cline Act, Sec. 6-2-30 am'd.

Summary

SB246 changes when toxic-substance exposure lawsuits start counting time and allows retroactive revival of some time-barred claims.

What This Bill Does

It makes accrual of toxic-substance exposure claims occur on the date the injured person should reasonably discover the injury, not at the time of exposure. Each exposure can create a separate claim, and filing one does not bar later claims for the same or other substances. It also allows retroactive revival of time-barred claims, with those revived lawsuits allowed to be filed within two years after the later of the discovery date or the act’s effective date, and it defines toxic substances broadly (including asbestos). Some actions (per Section 6-5-482) are not affected by these changes.

Who It Affects

• Individuals who have suffered injuries from exposure to toxic substances (including asbestos) and who may now have a discovery-based window to sue.
• People whose toxic-substance exposure claims were previously time-barred but may be revived under the retroactive provisions, with a two-year window to file after discovery or the act’s effective date.

Key Provisions

• Accrual of toxic-substance exposure claims starts on the date the injured party, with reasonable diligence, should have reason to discover the injury.
• Each exposure to a toxic substance can create a separate cause of action, and issuance of one claim does not bar later claims arising from the same or different exposures.
• The bill provides retroactive revival for time-barred claims, allowing revival if discovery occurred after the old deadline, with a two-year period to sue after the later of the discovery date or the act’s effective date.
• Toxic substances are defined broadly to include asbestos and related hazardous materials, with certain statutory exclusions noted (notably actions under Section 6-5-482).

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Civil Procedure