In the Texas Senate, a bill has passed that many believe will expose thousands of additional businesses to asbestos lawsuits.

Senate Bill 1123, authored by state Sen. Robert Duncan of Lubbock, TX, relates to the standards of causation in mesothelioma claims.

The Senate approved the bill in a 20-11 vote, despite unified opposition from the business and legal reform community. The House version of the bill is pending.

The bill is supported by trial lawyers and labor unions, whose clients and members are usually lawsuit plaintiffs claiming asbestos exposure in the workplace.

Many Texas businesses are opposed to the bill, as they are increasingly being named as defendants in asbestos cases.

“The personal injury lawyers’ motive to expand asbestos litigation is simple: Now that reforms have clamped down on junk science asbestos lawsuits, personal injury lawyers are looking to expand the pot of money up for grabs by suing anyone, even if they’re not at a fault,” stated Chip Hough, a critic of the bill. Mr. Hough is chairman of the Bay Area Citizens Against Lawsuit Abuse.

The bill, if made into law, will reverse the current burden of proof system in asbestos cases. Rather than placing the burden of proof on the plaintiff, “The new statute, instead, will place the burden of proof on a defendant to prove that a limited exposure to asbestos attributable to the defendant did not cause the plaintiff’s mesothelioma.”

Critics the bill will undo the 2007 Texas Supreme Court decision, Borg-Warner Corp. v. Flores, which required plaintiffs to not only prove exposure to the defendant’s product but also prove that the dose was sufficient to be a substantial factor in causing mesothelioma.

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