Mass. High Court Affirms 6-year Limit For Asbestos Claims

Mass. High Court Affirms 6-year Limit For Asbestos Claims

Introduction

On Friday, March 1, the Massachusetts Supreme Judicial Court ruled that the six-year statute of limitations for construction tort claims was applicable to diseases with long latency periods, such as those linked to asbestos exposure.

As per Massachusetts' construction tort statute of repose, a six-year limit has been put on any and all claims related to the "design, planning, construction of general administration" of the vast majority of construction projects. Counsel for the estate of a plaintiff, who died of mesothelioma in 2016, argued that it was unfair to apply the statute to asbestos exposure victims as the symptoms of the disease take decades to appear.

The legislative motive behind the six-year limit was clear and the ruling stated the statute of limitations was valid even if the defendants were aware of the potential health risks at the time the exposure occurred. A six-judge panel stated that "we recognize that, considering the latency period for asbestos-related illnesses, this will have the regrettable effect of barring all or nearly all tort claims arising from negligence in the use or handling of asbestos in construction-related suits. Nonetheless, the appropriate recourse is in the Legislature, not this court."

Another dangerous side-effect allegedly caused due to asbestos exposure include ovarian cancer, claimed in thousands of lawsuits filed by individuals who used talc-based products for a prolonged time.