Silica Litigation

Foley Mansfield is at the forefront of defending silica-related litigation, particularly against companies involved in the manufacturing, distribution, supply, or fabrication of stone materials. Our experienced litigators have the legal prowess and in-depth industry knowledge to aggressively defend these claims.

The last twenty years have seen a significant uptick in home remodeling, including the replacement of countertops with stone in kitchens and bathrooms. The remodeling boom has resulted in stone workers experiencing a significant rise in silicosis diagnoses, which could have been avoided had well-known OSHA safety precautions been followed by their employers and contractors.

Because these workers are unable to sue their employers for their failure to take known preventative measures, sellers and distributors of stone products are increasingly becoming the target of litigation.

Silica claims require an aggressive defense and in-depth knowledge of the latest medicine, causation theories, and exposure data.

Our attorneys have decades of experience defending contentious toxic torts, mass tort, product liability, and catastrophic injury claims. Our first-chair trial attorneys are experienced in handling the most complex silica-related matters. We offer comprehensive guidance in this evolving arena includes the following key areas of focus:

Defendant Representation: We represent a range of clients, including manufacturers, distributors, and contractors. Our goal is to provide a robust defense, leveraging our extensive knowledge of industry practices and regulatory standards to educate the trier of fact as to the actual factual cause of this health crisis. In addition to representing manufacturers and sellers in litigation, we are also able to provide our clients with insight and advice as to how best to navigate insurance coverage issues which might arise. We have a team of insurance coverage specialists who are very familiar with completed products general liability (GL) policies and can help resolve issues with the defendants’ insurers should that become necessary.

Litigation Strategy: We develop tailored litigation strategies to address the unique aspects of each silica case. This includes countering plaintiff’s attorney’s attempts to misdirect ‘blame’ for these claims and redirect them back to where they belong.

Medical Aspects of Silicosis: Our team possesses in-depth knowledge of all medical aspects of pneumoconioses, including those caused by silica dust.

Future Outlook and Evolving Trends: Our attorneys are leaders in the development of defense strategies in response to alleged “toxic torts” and stay abreast of the latest industry news and federal and state regulations.

Regulatory Compliance and Standards: We have experience presenting juries and judges with the necessary legal information concerning all mandatory federal and state regulations, particularly those related to working with silica-containing dusts.

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