Colorado silica dust trial could change the way industry does business

Bloomberg Law spoke with Betsy Malloy, Andrew Katsanis Professor of Law, at the University of Cincinnati, about an ongoing Colorado trial involving a seriously ill worker suing the manufacturers of engineered stone used in kitchen countertops. The trial could lead to additional litigation and have industrywide impact over safety and the handling of silica dust.

Betsy Malloy, who teaches torts, health law and disability law at the Donald P. Klekamp College of Law, told Bloomberg Law  what’s at stake is not just damages for this single plaintiff in Colorado, but a potential shift in the liability framework that shapes how the industry behaves.

“Even when cases are individual tort claims, plaintiffs’ broader aims for bringing such suits beyond monetary compensation often include stronger safety standards and enforcement, product reformulation,” Mallory told Bloomberg Law. “Litigation and the surrounding publicity can accelerate the adoption of alternative materials and safer products.”

The case, which follows a major $52 million California verdict awarded to a former 34-year old fabricator in August 2024, focuses on whether manufacturers properly warned workers about dangerous silica levels. It could potentially shift liability and lead to product changes. 

Read the full story in Bloomberg Law online.

Learn more about Professor Betsy Malloy online.

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