Consultants and Expert Witnesses

SILICOSIS Article #1

Beyond the Dust: Why Engineered Stone Is Becoming the Next Big Legal Battleground

By Gil Chotam & Greg Andrews | National Tile and Stone Authority (NTSA)

Engineered stone once symbolized progress, a sleek, modern alternative to natural granite and marble. Marketed as durable, affordable, and available in any color or pattern imaginable, it quickly became the go-to material in kitchens, bathrooms, and commercial spaces. But behind this innovation lies a rising tide of litigation.

The cause? Respirable crystalline silica, released during fabrication and installation.

And now, workers across the country, many in their 30s and 40s, are dying from accelerated silicosis, a disease that should have been left in 19th-century textbooks. The scale of exposure, coupled with systemic failure to protect workers, is pushing engineered stone into the center of nationwide class action lawsuits.

The Silicosis Medical and Legal Landscape Is Shifting

Unlike traditional silicosis cases, which typically arise after decades of exposure in mining or sandblasting, the victims here are getting sick after just a few years on the job. Some have died within 5–10 years of their first exposure. Australia has already announced a nationwide ban on engineered stone starting in July 2024. In the U.S., OSHA is facing pressure to act, but so far, the burden is falling on the legal system to respond.

More lawsuits are expected as awareness of occupational lung disease caused by inhalation of crystalline silica dust spreads and potential clients come forward. Plaintiff attorneys are already filing suits in California, Texas, and Florida. Defendants include fabricators, slab importers, shop owners, safety equipment suppliers, and even builders or general contractors who may have created unsafe work conditions.

This isn't just a workers' comp issue; it's a multilayered liability scenario, where premises liability, product defect, negligent supervision, and failure-to-warn theories may all come into play.

Why Engineered Stone Is So Dangerous

The problem isn't stone, it's what engineered stone is made of.

Unlike granite, which typically contains 20–40% silica, many quartz-based engineered products have over 90% crystalline silica. When dry-cut, ground, or polished, especially in enclosed workspaces, these slabs release extremely fine dust. If proper controls aren't in place (wet cutting, dust suppression, high-quality respirators, ventilation), that dust goes straight into workers' lungs.

In forensic investigations, we've found:

1. Shops where workers used leaf blowers to clean up silica dust
2. Inadequate or non-existent ventilation systems
3. Improper use of basic N95 masks instead of P100s or supplied-air respirators
4. Fabricators working in unventilated garages or backyard shops
5. Slabs marked with misleading or missing safety data sheets (SDS)

These aren't outliers. They're widespread practices across both small shops and larger operations, especially in states with booming construction markets.

The Legal Opportunity and Responsibility

For attorneys representing injured workers or grieving families, these facts open the door to claims beyond workers' comp, especially when equipment manufacturers, slab distributors, or third-party contractors failed to follow basic safety practices or industry standards when working with engineered products and silica dust.

For defense counsel, early involvement from a technical expert can help mitigate risk, clarify duty boundaries, and assess whether your client truly contributed to the silica dust exposure or was simply a link in a broader supply chain.

NTSA's role in current and past cases often includes:

1. Jobsite inspections and material tracking
2. Reviewing workshop practices and equipment specs
3. Helping to develop shop and mobile dust containment systems
4. Identifying regulatory gaps or violations
5. Clarifying plausible exposure pathways for causation analysis
6. Producing trial-ready visuals and expert declarations

A Note on Latency and Timing

Silicosis doesn't always follow a clear, linear path. In some cases, workers don't realize the severity of their illness until years later, when litigation timelines are already in motion. Attorneys who act early to preserve evidence, photograph shop conditions, or request records (e.g., slab invoices, respirator logs) have a clear strategic advantage.

This also creates an opportunity for firms looking to build mass tort portfolios. Many fabrication shops employed dozens of workers over the years. Exposure patterns are rarely limited to a single victim. With a proper screening tool and expert support, you may be looking at dozens of cases per defendant.

Final Thought

Silicosis litigation may not carry the cultural weight of asbestos, yet. But it is evolving rapidly. Engineered stone is still being sold, still being cut, and still putting workers at risk. If you're a construction defect litigator, a toxic tort lawyer, or simply looking to get ahead of the next major class action trend - this is your moment to step in.

---

NEXT: SILICOSIS Article 2: From Slab to Silica: A Forensic Look at How Exposure Happens