Oklahoma Code § 76-100

Title 76. Torts: Beginning of limitations period - Separate claims for
Open in Lexace · Ask the AI about this section
nonmalignant conditions and cancer.
A.  Notwithstanding any other provision of law, with respect to
any asbestos or silica claim not barred as of the effective date of
this act, the limitations period shall not begin to run until the

exposed person or claimant discovers, or through the exercise of
reasonable diligence should have discovered, that the exposed person
or claimant is physically impaired as set forth in this chapter by
an asbestos- or silica-related condition.
B.  An asbestos or silica claim arising out of a nonmalignant
condition shall be a distinct cause of action from an asbestos or
silica claim relating to the same exposed person arising out of
asbestos- or silica-related cancer, and resolution of an asbestos or
silica claim arising out of a nonmalignant condition shall not
affect the ability of the same exposed person to bring a separate
asbestos or silica claim arising out of an asbestos- or silica-
related cancer, that otherwise meets all the requirements of
Sections 6 or 7 of this act.
Added by Laws 2013, 1st Ex.Sess., c. 21, § 12, emerg. eff. Sept. 10,
2013.
NOTE:  Text formerly resided under repealed Title 76, § 70, which
was derived from Laws 2009, c. 228, § 64, which was held
unconstitutional by the Oklahoma Supreme Court in the case of
Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789
(Okla. 2013).

‹ Prev All Oklahoma sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.