Sen. Robert Singer (R-Lakewood) has introduced a bill that would allow plaintiffs suffering from mesothelioma and their family members to file personal injury and wrongful death lawsuits at any time after the disease is diagnosed. If this bill is passed, it would make New Jersey a magnet for asbestos litigation.
The New Jersey Civil Justice Institute has already reached out to Sen. Singer, informed him that we oppose S3151, and requested a meeting to discuss this issue further. We encourage everyone who is opposed to this bill to contact the Senator and express your concerns.
Sen. Robert W. Singer
1771 Madison Ave.
Lakewood, NJ 08701
Here are some of the reasons we oppose this legislation:
- New Jersey has a very liberal discovery rule which essentially allows a plaintiff to bring a suit within two years of being diagnosed with mesothelioma, even it has been decades since they were exposed to asbestos. There is no evidence that plaintiffs and their families are being harmed by the existing system.
- Reasonable statutes of limitation promote justice, discourage unnecessary delay, and preclude the prosecution of stale or fraudulent claims. They are essential to a fair and well-ordered civil justice system.
- Providing different statutes of limitation for different diseases will only create confusion, and could result in plaintiffs with other injuries not filing their cases in time.
- Creating special a special statute of limitations for mesothelioma will put the legislature in the position of deciding which diseases deserve special treatment and which do not.