Texas Mesothelioma Blog

On April 20th, the Texas Senate passed an important bill affecting the standard of causation in mesothelioma cases. The legislation, Senate Bill 1123, would require mesothelioma victims to prove "that a defendant's product or conduct was a substantial factor in causing [his] injury." To prove "substantial factor," mesothelioma victims must present evidence of:

(1) the frequency of the exposure;

(2) the regularity of the exposure; and

(3) the proximity of the [mesothelioma victim] to the source of the asbestos fibers.

SB 1123 passed the the Senate by a vote of 19 for, 11 against. A companion bill, House Bill 1181, is currently pending in the Texas House of Representatives. This important legislation faces more hurdles before becoming law.