A spike in the popularity of engineered stone, colloquially referred to as quartz countertops, over the past two decades has been accompanied by a corresponding increase in silicosis-related illnesses and deaths as well as a raft of liability lawsuits. Indeed, claims triggered by silica, specifically in its dust form called respirable crystalline silica, is the fastest-growing toxic tort category in the United States, with no signs of abating.
All parts of the supply chain are impacted. Manufacturers, distributors, retailers, suppliers, brokers, and fabricators of engineered stone materials used for countertops and other home surfaces, have become favorite targets of plaintiffs’ counsel. Diagnoses of silicosis, COPD, kidney disease, and lung cancer among stone workers frequently trigger negligence claims, some rising to class action status. Because workers are unlikely to sue their employers for failure to follow OSHA and other safety protocols, distributors and retailers are bearing the brunt of related lawsuits. Eye-popping settlement and verdict amounts are causing them undue and often unjust financial and reputational harm. The stakes are high.
Long at the forefront of toxic tort litigation, Wilson Elser brings the same discipline and diligence to defending engineered stone and silicosis claims, working closely with clients to prevent their occurrence in the first place. Drawing on more than 45 years of related experience, we represent some of the largest industry players. Our more than 125 toxic tort attorneys, several of whom increasingly focus their practices on silica-related lawsuits, understand the underlying science behind toxins, recognize the importance of its clear articulation to judges and juries, and stay abreast of relevant causation theories and exposure data.
We also are familiar with all applicable federal and state regulations, especially those related to working with silica-containing dust. Based on this knowledge – and in keeping with the firm’s broader litigation approach – we mount vigorous defenses that address the unique aspects of each claim including, as appropriate, redirecting blame to the correct source.
Of particular value to our larger clients, Wilson Elser is among only a handful of law firms with the experience and wherewithal to handle complex, multijurisdictional toxic tort litigation. Our sophisticated electronic systems and web-based tools help ensure consistency in claims management and enable efficient handling of large-scale, document-intensive cases. We are arguably in a class by ourselves for our impressive record of prevailing on behalf of our clients, large and small, typically through early and aggressive motion practice.
With respect to engineered stone and silicosis coverage, we counsel clients on how best to navigate related issues. As appropriate, we collaborate with colleagues in our Insurance & Reinsurance Coverage Practice, who are intimately familiar with completed products general liability policies and well equipped to intercede with defendants’ insurers.
