Who Can Be Held Liable in a Silicosis Case?

Silicosis is a chronic lung disease that can lead to debilitating symptoms for a victim. It is a preventable condition that arises when someone suffers prolonged exposure to silica particles, such as those found in artificial stone. Multiple parties could be held liable, or legally responsible, for a case of silicosis in California. The correct parties to name as defendants depend on the circumstances.

An Employer

Silicosis is most frequently caused by workplace conditions, or exposure to silica dust and particles at work. The most at-risk industries include mining, construction, demolition, masonry, sandblasting, rock quarry work, manufacturing, railroad construction, plumbing and stone crushing.

Employers in California are typically protected from absorbing direct liability for silicosis by their workers’ compensation insurance. However, there are exceptions if an employer is negligent or fails to act with proper care to protect workers from known silica exposure risks. Concealing known hazards or violating OSHA safety protocols could make an employer or company liable for cases of silicosis among workers.

A Product Manufacturer

Entities that manufacture and distribute silica-containing materials and products have a responsibility to properly package and market these items in a way that makes the public aware of potential exposure risks. They must give adequate warnings and comply with any warranties. Failing to meet these obligations can expose a manufacturer to a product liability claim.

Examples of silica-containing products that can potentially cause silicosis if not properly designed, manufactured or sold include stone and quartz countertops, artificial stone, concrete, grout, cement, sand, foundry molds, and industrial minerals. Manufacturers – as well as wholesalers, suppliers and distributors – could be held liable for defective silica-containing products that cause silicosis and other lung diseases.

In addition, the manufacturers of equipment and machinery meant to deal with silica-containing products could also be held liable for product defects. If a concrete saw is manufactured without the proper dust-suppression guards, for example, this could point to manufacturer liability for a subsequent case of silicosis.

A Property Owner

If silica exists on a property, it is the owner or controller’s responsibility to take reasonable steps to identify associated risks and remedy them or warn visitors, as appropriate. Owners and supervisors who are in charge of controlling worksites, for instance, must abide by certain federal laws to implement silica dust control programs, properly ventilate the space, and warn workers and occupants of the presence of silica.

Multiple Parties

Holding one or more parties accountable for a case of silicosis in California could lead to financial compensation for the victim, including coverage for current and future medical bills, permanent illness or disability, lost wages and capacity to earn, emotional distress, wrongful death, and pain and suffering.

It is common for silicosis cases to name multiple defendants or liable parties. Since silicosis can take many years to develop and be diagnosed, the individual may have been exposed to silica at multiple worksites or from working with multiple products. Therefore, a judge or jury may apportion fault among multiple defendants. A silicosis attorney in Los Angeles can investigate your particular case to determine all liable parties. Then, your lawyer can collect evidence to bring against these defendants. If you wish to discuss your right to file a silicosis lawsuit in California, contact Rose, Klein & Marias, LLP for a free case consultation.