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Bills

AB 2136: Damages: lead-based paint.

  • Session Year: 2017-2018
  • House: Assembly
  • Latest Version Date: 2018-06-18
Version:

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 lead paint pigment manufacturer is the cause of the injury if the injured party proves by a preponderance of the evidence that the lead paint pigment manufacturer sold, distributed, or promoted in California either the type of lead paint pigment that caused the injury or a product containing the type of lead paint pigment that caused the injury, and would shift the burden of proof to the lead paint pigment manufacturer to prove by a preponderance of the evidence that it did not 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 lead paint pigment manufacturer jointly and severally liable if more than one 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.

Existing law requires each law enforcement agency in the state to develop, adopt, and implement written policies and standards for officers responses to domestic violence calls.This bill would, until January 1, 2024, authorize the County of Alameda to develop a lethality assessment program to develop tools for first responders to assess the lethality of domestic violence perpetrators in order to inform the decisions made by those first responders. The bill would authorize the program to investigate which strategies reduce domestic violence fatalities, the number of domestic violence survivors that have fewer violent incidents with their partner after contact with first responders, and the number of first responders that direct domestic violence survivors to resources. The bill would authorize the Office of the District Attorney in the County of Alameda to prepare a report on the progress of the program.This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Alameda.

Discussed in Hearing

Assembly Floor1MIN
May 31, 2018

Assembly Floor

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News Coverage:

AB 2136: Damages: lead-based paint. | Digital Democracy