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Products Liability Keyed to Fischer, 6th Ed.
Humble Sand & Gravel, Inc. v. Gomez
Citation:
146 S.W.3d 170 (2004)Facts
Raymond Gomez worked in abrasive blasting from 1984-1987 and 1991-1994, where he was exposed to silica dust from flint supplied by Humble. Flint, composed mostly of crystalline silica, creates respirable toxic particles when used in blasting. The dangers of silica dust had been well-known throughout the abrasive blasting industry for decades, with safety standards dating back to 1938. However, these dangers were not generally known to workers like Gomez, and employers often neglected safety measures. Humble placed warning labels on its 100-pound bags stating the product “MAY BE INJURIOUS TO HEALTH IF PROPER PROTECTIVE EQUIPMENT IS NOT USED,” but did not specify that exposure could be fatal or that air-fed hoods were necessary. Gomez testified that had he known the true dangers, he would never have taken the job. In 1994, Gomez was diagnosed with silicosis, which his doctor testified would likely result in significant disability within eight years and full disability within fifteen years.
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