ASSEMBLY, No. 5994

STATE OF NEW JERSEY

218th LEGISLATURE

INTRODUCED NOVEMBER 25, 2019

Sponsored by:

Assemblyman  MICHAEL PATRICK CARROLL

District 25 (Morris and Somerset)

SYNOPSIS

     Modifies standard of proof required for plaintiffs in lawsuits alleging injury caused by toxic tort.

CURRENT VERSION OF TEXT

     As introduced.

An Act concerning certain personal injury lawsuits and supplementing Title 2A of the New Jersey Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

     1.    a.  As used in this act, a “toxic tort action” means a civil action alleging personal injury caused by exposure to a substance.

     b.    In any toxic tort action, the plaintiff must prove to a medical certainty that the substance caused the plaintiff’s injury.

     c.     A toxic tort action may be sustained only if the substance that is the subject of the action has been designated by the federal Food and Drug Administration or other appropriate federal entity as causing the specific type of injury alleged by the plaintiff.  If the plaintiff does not provide proof that such designation has occurred, the court shall dismiss the action on motion of the defendant or on the court’s own motion.

     2.    This act shall take effect on the 90^th day following enactment and shall apply to civil actions brought on or after the effective date.

STATEMENT

     This bill would modify the standard of proof required for plaintiffs in lawsuits alleging an injury caused by a toxic tort.  The bill defines a “toxic tort action” as a civil action alleging personal injury caused by exposure to a substance.

     Under the bill, in any toxic tort action the plaintiff must prove to a medical certainty that the substance caused the plaintiff’s injury.

     The bill also provides that a toxic tort action may be sustained only if the substance that is the subject of the action has been designated by the federal Food and Drug Administration or other appropriate federal entity as causing the specific type of injury alleged by the plaintiff.  If the plaintiff does not provide proof that such designation has occurred, the court shall dismiss the action on motion of the defendant or on the court’s own motion.