Consultants and Expert Witnesses

SILICOSIS Article #3

The New Asbestos? Why Silicosis Lawsuits Are About to Explode

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

The phrase "the next asbestos" gets thrown around too often in litigation circles. But in the case of engineered stone, it may not be hyperbole, it might be an early warning.

Across the country, attorneys are filing class actions and personal injury suits linked to silica dust exposure from engineered quartz. Dozens of workers, many under 40 are already diagnosed with accelerated silicosis, a debilitating and often fatal lung disease.

And unlike asbestos, the latency here isn't decades. It's sometimes less than five years.

This wave is different. Faster. Younger. Often undocumented. And legally, it's just beginning.

Why This Is Bigger Than Just Workers' Comp

Some attorneys are approaching these as straightforward employment exposure claims. But the smarter legal strategy is to dig wider:

• Premises liability for unsafe shop conditions
• Failure to warn from slab distributors or tool manufacturers
• Negligent training or supervision by contractors
• Product liability based on misleading or incomplete SDS sheets

This isn't a single-point exposure. It's systemic negligence, sometimes across the entire chain of distribution.

That opens doors for plaintiffs building multi-defendant claims, and defendants who need to shift or limit their share of the risk.

Concrete vs. Engineered Stone: Not Even Close

Some defense strategies point to other common materials, like concrete, as a comparative exposure risk. After all, concrete grinding can also release silica, right?

Yes, but not to the same degree. Not even close.

Let's break it down:

Even when both materials are ground using similar equipment, the dust load and particle size from engineered stone are more dangerous. The finer the particle, the deeper it penetrates into the lungs. Add indoor workspaces, limited PPE, and poor airflow, and the difference becomes deadly.

That's why OSHA and NIOSH issue much tighter warnings around quartz fabrication, and why the engineered stone industry is now under legal siege.

Trends That Should Get Your Attention

• Australia has already banned engineered stone effective mid-2024
• California is considering similar measures, with legislative and public health momentum building
• Mass tort firms are targeting slab brands, shop owners, and distributors, some already flagged in multiple lawsuits
• Media coverage is rising, adding pressure on insurers and manufacturers

Law firms that move early will have first pick of claimants and clearer evidence chains. Those that wait may be left with complex, over-litigated fragments.

How Experts Strengthen the Case

Whether you're on the plaintiff or defense side, forensic insight is the difference between case support and case speculation.

At NTSA, we help attorneys by:

• Mapping material exposure to timeline and site conditions
• Assessing respirator programs and ventilation adequacy
• Clarifying manufacturer and distributor roles
• Reviewing cutting methods and jobsite safety history
• Providing expert declarations and testimony that hold up under fire

We've already seen cases where early expert work helped settle six-figure claims quietly - and others where delay led to costly depositions and surprise liability exposure.

Final Word: This Isn't the Future. It's Now.

Silicosis cases from engineered stone are already moving through courts in California, Florida, and Texas. This isn't theory, it's action.

If you're litigating product liability, employment exposure, or construction defect cases, it's time to take this trend seriously.

We're here if you need to talk through your case strategy, or shore up your evidence before opposing counsel gets the first word.

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

NEXT: SILICOSIS Article 4: How to Write an Expert Report That Withstands Cross-Examination