The Re-emergence of Silica Litigation and the Theories of Liability Under Which it is Litigated

photo-1Silica litigation is not a new phenomenon. It has been around since the Great Depression, when workers first began to file negligence claims against employers for injuries allegedly arising from occupational exposure to silica dust. While silica litigation has basically continued at a relatively steady pace since then, it has been largely overshadowed by asbestos litigation during the past several decades. As of this writing, however, it suddenly seems that silica may be about to come out from behind the shadow of asbestos and start to take over as the primary toxin cited in an increasing number of "dust injury" …