Silica is a natural component in nearly all forms of sand. It can, however, cause severe medical problems, particularly lung disorders. Once silica is ground into dust, it can travel into the lungs, causing tissue scarring and air flow obstruction. Injuries from silica exposure most often occur in those who work as sandblasters, in foundries, or as glass makers.

According to the National Center for Health Statistics, approximately 200 Americans die each year as a result of silica exposure. In 1968, that number was nearly 1200 deaths per year. Despite the drop in silica-related deaths, lawsuits against silica manufacturers continue to be filed. A number of multi-million dollar verdicts have been won by plaintiffs in silica lawsuits.

Suits against silica manufacturers allege either strict liability or negligent failure to warn. To prevail in a failure-to-warn lawsuit against a silica manufacturer, a plaintiff must show that the manufacturer knew or should have known that exposure to silica can cause lung disease and that, despite this knowledge, the manufacturer failed to adequately warn of the risks of exposure. Silica manufacturers often defend such suits by claiming that the dangers of silica exposure are well known in the construction industry and that it is the job of the employer to warn its employees about the danger. If it is shown that the plaintiff knew of the dangers of silica exposure, the plaintiff may not be able to recover as the plaintiff's knowledge constitutes evidence that a warning from the manufacturer would have been futile. To prevail on a strict liability theory against a silica manufacturer, a plaintiff would have to show that silica is an unreasonably dangerous product. Some courts have agreed that silica is an unreasonably dangerous product, while others have rejected this argument.

Copyright 2010 LexisNexis, a division of Reed Elsevier Inc.