AB 2074: Damages: lead-based paint.

Existing law authorizes a person who suffers a loss or harm to person or property from the unlawful act or omission of another to recover from the person at fault money damages.

This bill would allow the injured party, in any action to recover damages for injury to person or property caused by lead-based paint, to establish a prima facie case that a particular party lead paint pigment manufacturer is the cause of the injury if the injured party proves by a preponderance of the evidence that a particular party produced, the lead paint pigment manufacturer sold, distributed, or promoted in California either the type of lead paint pigment that caused the injury, injury or a product containing the type of lead paint pigment that caused the injury, and would shift the burden of proof to that particular party the lead paint pigment manufacturer to prove by a preponderance of the evidence that it did not produce, sell, distribute, or promote the lead paint pigment that caused the injury or a product containing the type of lead paint pigment that caused the injury during the relevant time period or in the geographical market in which the injury occurred. The bill would make each party lead paint pigment manufacturer jointly and severally liable if more than one party that produced, sold, distributed or promoted lead paint pigments lead paint pigment manufacturer is found liable for an injury to person or property caused by lead-based paint. The bill would expressly make these provisions retroactive. The bill would also state various findings and declarations of the Legislature related to these provisions. The bill would provide that its provisions are severable.