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The Silicosis Lawsuit: Compensation for Workers Exposed to Silica 

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More than 2 million workers in the United States, particularly in construction and countertop fabrication, are at risk of silica exposure. This can lead to silicosis, a severe lung illness that can permanently alter people’s lives. If you contracted silicosis while working with stone countertops, you may be eligible for compensation through a silicosis lawsuit. In this article, we’ll go over the risks of silica exposure, your legal options, and how a silicosis lawyer may help you receive the justice you deserve.

Stone Countertops: Silica Dust and Silicosis Risk

Silicosis Lawsuit

Stone countertops are made from granite, quartz, and marble. These materials contain fine silica dust. Cutting, grinding, or polishing them releases this dust into the air. Workers can inhale this dust without realizing it. Over time, it can cause lung irritation, leading to silicosis, a serious lung disease.

The Centers for Disease Control and Prevention has noted an increase in silicosis cases, partly due to the rise in engineered stone countertops. Many workplaces lack proper safety measures, exposing workers to harmful levels of silica dust. Long-term exposure to high levels of silica dust can cause severe health problems, including:

  • Chronic obstructive pulmonary disease.  
  • Kidney disease.  
  • Lung cancer.  
  • Silicosis.  
  • Tuberculosis.

What Is Silicosis?

Silicosis is a lung disease caused by inhaling dust with tiny silica particles. These particles can settle in your lungs and cause inflammation and scarring, which makes it hard to breathe. Over time, this condition can also lead to other serious issues like tuberculosis and lung cancer.

Industries like mining, construction, and foundry work have long been associated with silicosis. Recently, it’s become a big concern in the stone countertop industry. When materials like granite, quartz, and marble are cut or processed, they release fine silica dust that’s very easy to inhale.

Workers dealing with engineered stone face higher risks. To reduce these risks, it’s important to use safety measures like cutting water, ensuring good ventilation, and wearing proper protective equipment. Without these precautions, long-term exposure to silica dust can lead to serious health problems.

Types of Silicosis

Silicosis comes in a few different types, each with its own severity and progression:

  • Chronic Silicosis: This is the most common type and usually develops after at least ten years of exposure to low levels of silica dust. It leads to a persistent cough, shortness of breath, and lung scarring. The condition progresses slowly, and while symptoms can be managed, the lung damage is permanent. 
  • Accelerated Silicosis: This type develops faster, often within 5 to 10 years of exposure to higher levels of silica dust. Symptoms like severe shortness of breath and fatigue appear more quickly. Accelerated silicosis also has a higher risk of complications, such as tuberculosis. 
  • Acute Silicosis: This is the most severe and aggressive form. It can develop in just a few months to a few years after exposure to very high levels of silica dust. Symptoms, including severe breathing problems and rapid weight loss, progress rapidly and can be fatal. 
  • Complicated Silicosis: Also known as progressive massive fibrosis, this type happens when small nodules from silicosis merge into larger masses in the lungs. It leads to severe breathing difficulties, a chronic cough, and significant lung function loss. This form gets worse over time and can lead to serious disability or death. 
  • Conglomerate Silicosis: This is a severe form of chronic or accelerated silicosis, characterized by extensive lung damage. Symptoms include increased breathing problems, a chronic cough, and frequent chest infections. Like complicated silicosis, it involves large fibrotic masses in the lungs.

In legal cases, accelerated and acute silicosis are often highlighted due to their rapid onset and severe effects, usually linked to serious safety issues and negligence at work.

Common Symptoms of Silicosis

Silicosis can manifest through troubling symptoms, which develop gradually. Here are common ones to watch out for:

  • Bluish Lips: If your lips turn blue or purple, it might mean your blood isn’t getting enough oxygen. 
  • Fatigue: Feeling unusually tired all the time, even after resting, can be a sign of lung issues. 
  • Fever: Frequent or unexplained fevers could indicate lung inflammation or infection. 
  • Night Sweats: Sweating a lot during sleep might be a symptom of a serious respiratory condition. 
  • Persistent Cough: A cough that won’t go away and might produce phlegm is common with silicosis. 
  • Shortness of Breath: Trouble breathing or feeling breathless, especially when being active, can signal lung damage. 
  • Swollen Legs: Fluid buildup causing swollen legs can happen as the disease progresses.

If you have these symptoms and have been exposed to silica dust, especially from working with stone countertops, see a doctor soon. Early diagnosis can help manage the condition better.

Treatment Options for Silicosis

Treating silicosis focuses on easing symptoms and slowing down the disease. Here are some common options:

  • Bronchodilators: These meds help open up your airways, making it easier to breathe. 
  • Lung Transplants: In severe cases, you might need a lung transplant. This can be a single or double lung replacement and can really extend life, but it’s very expensive. 
  • Pulmonary Rehabilitation: This involves exercises and breathing techniques to improve lung function and quality of life. 
  • Supplemental Oxygen: Using oxygen through a mask or tube can help with breathing and keep your oxygen levels up.

These treatments can be costly, especially lung transplants, which can exceed $1 million per lung. If you need help with treatment costs, like for surgery, you might be able to get financial support. Contact Ethen Ostroff Law to see if you qualify for compensation through a silicosis lawsuit.

The Key Statistics and Trends of Silicosis in the U.S.

Here’s a simpler look at silicosis statistics in the U.S:

  • Confirmed Cases: From 1979 to 2013, New Jersey reported 561 silicosis cases, with an increase in the construction industry from 1992 onwards. 
  • Global Trends: In 2019, there were around 139,000 new silicosis cases worldwide. 
  • Mortality Rates: U.S. silicosis deaths fell from 1,065 in 1968 to 165 in 2004, but recent years still see fatalities, especially among younger workers in industries like hydraulic fracturing and stone cutting. 
  • Life Impact: In 2019, silicosis contributed to about 655,000 years of lost quality of life. 
  • Demographics: Black workers in foundries and sandblasters were particularly affected, with diagnoses often coming later in life.

These stats show that silicosis remains a serious issue, highlighting the need for better workplace safety and monitoring.

Tips to Prevent Silicosis

Silicosis is a dangerous lung disease caused by breathing in silica dust, but you can lower your risk with a few easy steps. Check out these practical tips to keep yourself and your workplace safer from silica dust:

  • Apply Water Sprays: Use water to help control and reduce dust in the air. 
  • Check Safety Info: Look at Safety Data Sheets for guidelines on handling silica products. 
  • Ensure Good Ventilation: Install systems that effectively remove silica dust from the air. 
  • Maintain Respirators: Regularly check that respirators are in good working order. 
  • Monitor Safety Practices: Supervise employees to ensure they follow safety protocols. 
  • Promote Hygiene: Encourage workers to shower and change clothes after being exposed to silica dust. 
  • Use Dust Control: Equip your workspace with tools to capture or reduce dust. 
  • Wear Protective Gear: Make sure workers wear proper clothing to avoid direct contact with silica dust.

How Much Silica Dust Causes Silicosis?

Silica dust is a serious health risk, even in tiny amounts. According to the Occupational Safety and Health Administration, silica particles are about 100 times smaller than a grain of sand and are released into the air when working with materials like concrete and stone. Workers can breathe in these particles, leading to severe lung damage over time.

Silica exposure is measured in milligrams per cubic meter of air per year (mg/m³ years), which looks at both the dust level and how long you’re exposed. The risk of silicosis goes up with higher dust levels and certain types of work. Jobs like sandblasting, which create a lot of dust, are particularly risky.

For granite workers in the U.S., studies show that the risk of dying from silicosis doubles with dust levels below 1 mg/m³. Even lower levels, like 0.2 mg/m³, can still be dangerous and lead to silicosis and lung cancer over time.

Silica Exposure in the Workplace

Crystalline silica, mainly found in quartz, is common in many rocks and soils. Workers can inhale tiny silica particles during tasks like cutting, drilling, sanding, grinding, and demolishing materials that contain silica. These particles can get trapped in the lungs and cause serious damage.

Some jobs are at higher risk for silica exposure, including:

  • Cement and asphalt manufacturing. 
  • Demolition work. 
  • Masonry and concrete work. 
  • Mining and tunneling. 
  • Rock and concrete crushing and drilling. 
  • Sandblasting.

Finer silica particles are more dangerous. For example, cutting and polishing quartz countertops creates a lot of silica dust, making it a high-risk job. While efforts to prevent silicosis have improved, more work is needed to keep workers safe.

Silica Standards and Regulations

Currently, OSHA allows up to 50 micrograms of respirable silica per cubic meter of air during an eight-hour workday. If levels reach 25 micrograms per cubic meter, action must be done.

To safeguard against silica exposure, it is not enough to simply measure air quality. Workers must wear personal protective equipment such as respirators, control dust using suitable procedures, and have enough ventilation and water-suppression systems. Regular health check-ups are also vital for detecting problems early and avoiding silicosis.

What is a Silicosis Lawsuit?

A silicosis lawsuit happens when a worker who’s developed silicosis sues their employer. This often involves workers in industries like engineered countertops or other jobs with high silica exposure. They sued because their workplace didn’t do enough to protect them from the dust. In the lawsuit, they claim their employer failed to control the dust, leading to their illness.

Stone Countertop Makers Facing Silica Exposure Lawsuits

Several stone countertop makers are in hot water over silica exposure lawsuits, with claims that their products put workers at risk from silica dust. Here’s a rundown of some companies involved:

  • Alpha Tile & Stone Inc: Named in a lawsuit where a worker got silicosis from cutting quartz countertops. The case also includes big retailers like Home Depot and IKEA. 
  • Caesarstone USA Inc: Hit with a major lawsuit where a jury awarded $52.4 million to a worker who developed silicosis from handling their products. The case highlighted the dangers of artificial stone countertops, which can have up to 90% silica. 
  • Cambria USA: Also named in the Caesarstone lawsuit, raising concerns about the health risks of engineered stone. 
  • Color Marble, Inc: A defendant in the trial that awarded a large settlement to a silicosis victim. 
  • Colorquartz USA Inc: Facing similar lawsuits for not ensuring safety and protecting workers from silica dust. 
  • Cosentino Group: Admitted to hiding the risks of its quartz-based product, Silestone, and settled for $1.2 million as a result of not warning about the dangers.

These cases reflect growing legal action against countertop manufacturers as awareness of silica dust risks increases, pushing for better safety measures and protection for workers.

Grounds for Filing a Silicosis Lawsuit

If you’re filing a silicosis lawsuit, you’re usually trying to hold someone accountable for not protecting workers from dangerous silica dust. Here’s why you might have a case:

  • Lack of Protective Gear: Employers might be at fault if they didn’t provide necessary equipment like respirators to reduce silica dust exposure. 
  • Hiding the Risks: Companies that knowingly kept the dangers of silica dust a secret or didn’t share important health info can face extra legal trouble. 
  • Negligence: Employers can be sued if they didn’t have good safety measures, dust control systems, or make sure workers used protective gear properly. 
  • Product Liability: Makers of silica-containing products can be held responsible if they don’t warn about the risks or ensure safe production practices.

In these concrete silica lawsuits, the goal is to show that negligence or deceit by employers or manufacturers caused silicosis and to seek compensation for the health problems and related costs.

Common Silica/Silicosis Claims in Lawsuits

In a silicosis lawsuit, people often point out specific issues to back up their case. Here are some typical silica/silicosis claims:

  • Insufficient Protection: They might argue that employers didn’t provide enough protective gear, like respirators, to keep workers safe from silica dust. 
  • Lack of Training: Employers might be accused of not teaching workers about the dangers of silica dust or how to stay safe. 
  • Not Checking Air Quality: They might say employers didn’t regularly check the air quality or workers’ health, leading to too much exposure to silica dust. 
  • Poor Ventilation: Claims might be made that the work environment didn’t have good ventilation to lower dust levels, making it unsafe.

By proving these issues, workers try to show that their employers’ negligence caused their silicosis and seek compensation for medical bills, lost wages, and other damages.

Common Defenses in Silicosis Lawsuits

When countertop manufacturers face concrete silica lawsuits, they often use various defenses. Here are some common ones:

  • Blaming Others: Sometimes, they try to shift the blame to employers or contractors, saying these parties were responsible for maintaining safety and using proper safety measures. 
  • Blaming the Worker: They might argue that the worker didn’t follow safety guidelines or use the protective gear provided, which could lessen or eliminate their own liability. 
  • Legal Deadlines: Manufacturers might contend that the lawsuit was filed too late, beyond the legal timeframe for such silica/silicosis claims. 
  • No Direct Link: They might dispute that their products caused silicosis, suggesting other factors like pre-existing health issues or exposure from different sources contributed to the illness. 
  • Risk Awareness: Manufacturers may claim they informed workers about the dangers of silica and that any issues arose from workers not following the safety instructions. 
  • Safety Compliance: They could argue that their products meet current safety standards and that they’ve done everything needed to ensure their products are safe.

These defenses are used to reduce or avoid responsibility in silicosis cases, and their effectiveness is closely examined as more people become aware of silica risks.

Deadline for Filing a Silicosis Lawsuit

You usually have between 2 to 5 years to file a silicosis lawsuit, depending on your state’s rules. This clock generally starts when you first find out about your condition, not necessarily when you were first exposed to silica dust. Since silicosis can take years to develop—sometimes up to 20 years—this rule gives you time to take legal action even if your exposure happened a long time ago.

How to File a Silicosis Lawsuit

Filing a silicosis lawsuit can seem overwhelming but breaking it down into simple steps can make it easier. Here’s how to get started:

  • Check Your Eligibility: Begin with a free consultation to see if your situation qualifies for a lawsuit. 
  • Build Your Case: Collect and organize your medical records and personal stories to strengthen your case. 
  • File on Time: Make sure you file your silicosis lawsuit within your state’s legal deadlines. 
  • Negotiate a Settlement: Aim to reach a fair settlement with the other party. 
  • Go to Court if Needed: If a settlement isn’t possible, be prepared to take your case to court to get the compensation you deserve.

Following these steps will guide you through the process and help you get the justice and compensation you’re seeking.

Who Can File a Silicosis Lawsuit?

If you have silicosis, file a lawsuit. Here’s who can usually take legal action:

  • Family Members of the Deceased: If a loved one died from silicosis or related complications, you could file a lawsuit on their behalf. 
  • Recent Diagnoses: If you’ve been diagnosed with silicosis or related conditions in the past five years, like severe respiratory issues or lung cancer, you should consider talking to a silicosis lawyer. 
  • Workers Exposed to Silica Dust: If you worked with silica dust (like in stone fabrication) and developed health problems, you might have a case.

Talking to a silicosis lawyer can help you understand your options and build a strong case.

Damages in a Silicosis Lawsuit

Silicosis can have a huge impact on your life, hitting you hard both physically and financially. A lawsuit might cover:

  • Emotional and Psychological Damages: This includes stress, anxiety, and depression from the illness, struggles with daily activities, and strain on relationships with family and friends. 
  • Financial Damages: You could get compensation for future medical costs, lost wages, medical expenses, and rehab costs. 
  • Loss of Consortium: If you’re married, your spouse might claim for the loss of companionship and marital benefits. 
  • Physical Damages: This covers chronic bronchitis, lung cancer, lung scarring, reduced lung function, respiratory failure, and increased risk of other lung issues like tuberculosis. 
  • Wrongful Death: If a loved one passed away from silicosis, compensation might include emotional distress for the family, funeral and burial costs, and loss of future income the deceased would have earned.

These damages aim to cover the broad effects of silicosis on your life.

Evidence Needed in a Silicosis Lawsuit

To build a strong silicosis lawsuit, you’ll need solid evidence to show how silica dust exposure impacted your health. Here’s what you’ll need:

  • Employment History: Detailed work history is key. Include job descriptions, contracts, and proof of exposure, like pay stubs or statements from co-workers. 
  • Expert Testimonies: Medical experts and industrial hygienists can link your health issues to silica exposure and evaluate safety measures. 
  • Exposure Evidence: Proof that you were exposed to silica dust, including air quality reports, Safety Data Sheets, workplace safety records. 
  • Medical Records: Essential for proving your diagnosis. Include tests like chest X-rays, CT scans, and treatment records that document the disease. 
  • Negligence Evidence: Documents showing your employer’s negligence, like lack of protective gear, poor training on silica hazards, or inadequate ventilation. 
  • Witness Statements: Statements from colleagues or supervisors about working conditions and exposure can boost your case.

Gathering this evidence is crucial to proving your case in a silicosis lawsuit. It ties your health issues to silica exposure and highlights any negligence by your employer or product manufacturers. An experienced silicosis lawyer can help you collect and present this evidence effectively.

Silicosis Lawsuit Settlement Amounts

Settlement amounts for silicosis lawsuits can vary a lot based on how severe the disease is, your medical costs, and how long you were exposed to silica dust. Here’s a quick look at what you might expect:

  • Key Factors: Longer exposure to silica dust, higher medical costs, more companies involved, and the seriousness of your injuries (like advanced silicosis or lung cancer) all affect how much you might get. 
  • Reported Cases: For example, a worker with silicosis who used protective gear got $750,000; someone whose silicosis turned into lung cancer got $2 million; and a family of a worker who died from respiratory failure due to silicosis was awarded $7.6 million. 
  • Settlement Ranges: They usually fall between $750,000 and $7.6 million, depending on the details of your case, like your health and exposure.

For a better estimate based on your situation, it’s a good idea to talk to a silicosis lawyer who can help you understand what compensation you might be entitled to.

Why You Need a Silicosis Lawyer

Dealing with silicosis, a serious lung disease from long-term exposure to silica dust, can be tough. That’s why having a silicosis lawyer who knows this area is so important. Here’s why:

  • Court Representation: If you can’t reach a fair settlement, your lawyer will take your case to court and fight for you, presenting all the evidence to seek justice. 
  • Gathering Evidence: To win your case, you’ll need solid evidence—medical records, work history, expert opinions. A good silicosis lawyer will help collect and present this evidence in a way that clearly shows your illness was caused by silica exposure. 
  • Getting the Right Compensation: A skilled silicosis lawyer will fight to make sure you get everything you’re entitled to—medical bills, lost wages, pain and suffering, future care needs. They know how to calculate these damages and will work hard to get you the best settlement. 
  • Legal Know-How: Silicosis cases can get complicated with issues like proving who’s at fault and showing negligence. A specialized silicosis lawyer understands these legal details and can make sure everyone responsible, like employers or manufacturers, is held accountable. 
  • Less Stress for You: Managing a serious illness is hard enough without the stress of a lawsuit. Hiring a lawyer lets you focus on your health while they handle the legal side, giving you peace of mind during a difficult time. 
  • Meeting Deadlines: There are deadlines for filing a silicosis lawsuit, and a lawyer will make sure your case is filed on time, protecting your right to seek compensation.

In short, having a silicosis lawyer on your side is crucial. Their knowledge and support can make a big difference to the outcome of your case, helping you get the compensation you deserve.

Ethen Ostroff Law: Your Ally in Silicosis Lawsuits

Filing a silicosis lawsuit can feel overwhelming. There are strict deadlines to meet and the challenge of proving who’s responsible for your exposure. You’ll need strong medical evidence and expert opinions, which can be tough to manage. At Ethen Ostroff Law, we’ll take that burden off your shoulders. Our team understands the ins and outs of these cases, gathering and presenting the evidence you need. We’ll fight for your rights and get you the compensation you deserve. Contact us for a free consultation.

FAQs on Silicosis Lawsuits

Compensation for silicosis varies a lot. Smaller settlements might start around $100,000, but serious cases, especially those involving long-term health problems or death, can reach several million dollars. Factors like medical bills, lost wages, and pain and suffering all play a role. Talking to a silicosis lawyer can give you a better idea of what you might receive.

Yes, you can sue if silica dust exposure has led to silicosis or similar health issues. If you were exposed at work—especially in jobs like construction, mining, or stone fabrication—and got sick because safety measures weren’t followed, you might have a strong case.

Yes, workers who developed silicosis from working with engineered stone countertops are suing manufacturers. If you’ve been exposed to silica dust from these products and developed lung disease, you might have a case too.

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While in law school, he distinguished himself as Executive Editor of JURIS Magazine, received the prestigious CALI Excellence for the Future Award, and completed five hands-on internships that laid a strong foundation for his legal career.


Nicholas began his post-graduate career clerking for the Honorable Linda Rovder Fleming in the Cambria County Court of Common Pleas. From there, he quickly found his calling in workers’ compensation, personal injury, and Social Security disability law—areas where he could directly impact people’s lives in moments of crisis. He’s helped clients navigate complex legal claims, including securing a settlement exceeding $300,000.

Nicholas brings clear communication, genuine empathy, and an unrelenting drive to achieve the best outcomes for his clients. Whether he’s navigating a complex workers’ comp claim or pushing for a major settlement, he brings focus, dedication, and deep legal knowledge to every case.

He’s also a proud member of Pennsylvania Advocates for Justice and remains active in various professional legal organizations. Nicholas is licensed to practice law in Pennsylvania.

When he’s not fighting for the injured, Nicholas is enjoying time with his family, kicking a soccer ball around, hitting the golf course, or cheering on Pittsburgh’s local teams.

Joe Ring heads the workers’ compensation department at Ethen Ostroff Law, where he takes pride in fighting for injured workers.

Joe is a Philadelphia native and maintains deep roots in the area.  As the grandson of a Philadelphia Firefighter, son of a Philadelphia public school teacher, and veteran of the United State Marine Corps, he was taught to value service, dedication, and hard work.   He applies these values to every case and takes great satisfaction in representing hard-working clients with those same traits.

After obtaining his bachelor’s degree in history from St. Vincent College in Western Pennsylvania, he graduated from Villanova Law School in 2012 and, since then, has litigated hundreds of workers’ compensation hearings and trial depositions on behalf of both employers and injured workers.  During this time, Mr. Ring has written articles and presented Continuing Legal Education courses on developments in Pennsylvania Workers’ Compensation Law.  He is active in local professional organizations, and, in 2022, he served a Co-chairperson of the Philadelphia Bar Associations Workers’ Compensation Section.

Since coming to EOL in 2024, he has dedicated his practice entirely to helping injured workers navigate the system and obtain their rightful benefits.

Joe is licensed to practice in Pennsylvania.

Brandon Zanan heads the personal injury claim department with Ethen Ostroff Law.

Brandon’s education in both law and medicine assist him in expertly representing badly injured victims. Brandon has a Master’s Degree in Forensic Medicine from the Philadelphia College of Osteopathic Medicine, with a concentration in anatomy and pathology. With this knowledge,  Brandon is skilled at analyzing medical records and understanding injuries that are common in personal injury claims. He uses this expertise in conjunction with listening carefully to each client’s needs, in order to fiercely advocate for clients and tell their stories when they would not otherwise have a voice.

Brandon’s background includes a variety of experience and skills in various areas of civil practice. He is the author and editor of numerous books for the George T. Bisel Publishing Company, including “Pennsylvania Damages” and the “Pennsylvania Vehicle Code Annotated,” two texts that are frequently relied on by lawyers and judges across Pennsylvania as authoritative resources on personal injury law.

Brandon is a member of the Pennsylvania and Montgomery Bar Associations. He is also a member of Pennsylvania Association for Justice, and has served as an executive board member of the Montgomery American Inn of Court.

He is admitted to practice in the Commonwealth of Pennsylvania, the United States District Courts for the Eastern District of Pennsylvania and Middle District of Pennsylvania, the State of New Jersey, the United States District Court for the District of New Jersey, and in the Commonwealth of Virginia. Brandon has represented many clients in motor vehicle, premises liability, animal bite, and products liability cases across Pennsylvania and New Jersey and has obtained outstanding results with millions of dollars recovered for his clients.

He has been named a Pennsylvania Rising Star from 2021 onward. The “Super Lawyers-Rising Star®”, list recognizes no more than 2.5 percent of attorneys in each state

Brandon currently lives in Malvern with his wife Rachel and their son Max.

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THE SITE IS PROVIDED “AS IS”. EO MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE AND ONLINE SERVICES AND HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, EO DOES NOT GUARANTEE THAT THE ONLINE SERVICES OR PRODUCTS WILL MEET YOUR REQUIREMENTS, OR WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.

Accounts

To use some features of the Site, you may be required to create an account. In connection therewith, you agree to provide and maintain true, accurate, current, and complete information about yourself. You are responsible for maintaining the confidentiality of the information you hold for your account login, including your password, and for all Submissions made from your account. You agree to notify us immediately of any unauthorized use of your login. EO may suspend access to your account if it suspects illegal or improper use, or for other reasons, such as for account management purposes, at its sole discretion.

Confidentiality is Not Guaranteed

Information sent to Ethen Ostroff Law, PLLC. via Internet e-mail or through the Site is not secure and is done on a non-confidential basis. EO may make reasonable efforts to keep communications private, but because of the nature of Internet communications and the absence of an attorney/client relationship, we cannot promise or guarantee confidentiality.

DISCLAIMER – This Site Does Not Provide Medical Diagnosis or Advice

The content provided on the Site, such as documents, text, graphics, images, videos, news alerts, pharmaceutical drug recalls, prescription medication history, or information on litigation concerning the foregoing topics, or other materials, is for informational purposes only. The information is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always consult a physician for diagnosis and treatment of any medical condition or for any questions you may have regarding a health concern. Never disregard professional medical advice, alter a prescription plan in any way, or delay or refrain from seeking medical advice because of something you have read or seen on the Site. Links to other sites are provided for information only. Use of trade names is for identification only and does not constitute endorsement by EO.

Without limiting the generality of the foregoing, the Site may present information about pharmaceutical drug recalls, which is for information purposes only. Such information is not necessarily the most current information on the subject and may or may not be updated based on the last information concerning such recalls. Do not make any decisions regarding medication or medical providers based on information from the Site, including but not limited to information we provide about drug recalls.

EO Is Not Responsible for Content; Limitation on Liability

EO may periodically change, remove, or add the material on the Site without notice. This material may contain technical or typographical errors. EO DOES NOT GUARANTEE ITS ACCURACY, COMPLETENESS OR SUITABILITY. EO assumes no liability or responsibility for any errors or omissions in the contents of the Site. Your use of the Site is at your own risk. Under no circumstances shall EO or any other party involved in the creation, production, or delivery of the Site be liable to you or any other person for any indirect, special, incidental, or consequential damages of any kind arising from your access to, or use of, the Site. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN NO EVENT SHALL EO BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES RELATING TO THIS MATERIAL, FOR ANY USE OF THIS WEBSITE, OR FOR ANY OTHER LINKED WEBSITE.

Third-party Web Sites

The Site contains links to third-party websites for the convenience of our users. EO does not endorse any of these third-party sites and does not imply any association between EO and those sites. EO does not control these third-party websites and cannot represent that their policies and practices will be consistent with these Terms of Use. If you use links to access and use such websites, you do so at your own risk. EO is not responsible for the contents or availability of any linked sites. These links are provided only as a convenience to the recipient. These Terms only apply to the Site and do not apply to any linked sites. We encourage you to read and understand the terms of use of any linked sites that you visit. Links do not imply that we sponsor, endorse, are affiliated with or associated with, or are legally authorized to use any trademark, trade name, service mark, design, logo, symbol, or other copyrighted materials displayed on or accessible through any linked site.

EO Clients

Only individuals who have entered into a mutually signed retainer agreement with EO are EO clients (“EO Clients”).

Legal and Ethical Requirements

EO has tried to comply with all legal and ethical requirements in compiling the Site. We welcome comments about our compliance with the applicable rules and will update the Site as warranted, upon learning of any new or different requirements.

Ethen Ostroff Law reserves the right to refer or sell leads that come through any of Ethen Ostroff Law’s marketing.

Ethen Ostroff Law also may sell leads on certain campaigns generated in association with third party marketing companies.

Governing Laws in Case of Dispute; Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Pennsylvania, USA, without regard to any choice of law principles. Any and all disputes arising hereunder shall be governed as set forth in the Arbitration section below.

Submissions

You are solely responsible for any information, content, or material you transmit to or through the Site (“Submissions”). You understand that Submissions are considered non-confidential and non-proprietary. Furthermore, you grant EO an unrestricted, irrevocable, perpetual, transferable, sublicensable, worldwide, royalty-free license to use, copy, reproduce, display, publish, publicly perform, transmit, and distribute any Submission, without compensation or accounting to you or anyone else. You represent and warrant that: (a) you have the right to submit the Submission to EO and grant the licenses as described above; (b) EO will not need to obtain licenses from any third party or pay royalties to any third party for its use of the Submission; (c) the Submission does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (d) the Submission complies with these Terms of Use and all applicable laws and regulations.

EO takes no responsibility and assumes no liability for any Submission.

Arbitration

Any and all claims by you arising out of or related to the Site or your use thereof may be resolved only through a binding arbitration proceeding to be conducted under the auspices of the Commercial Arbitration Rules of the American Arbitration Association in Montgomery County, Pennsylvania. Both your agreement to arbitrate all controversies, disputes and claims, and the results and awards rendered through the arbitration, will be final and binding on you and may be specifically enforced by legal proceedings. Arbitration will be the sole means of resolving such controversies, disputes and claims, and you waive your rights to resolve such controversies, disputes and claims by court proceedings or any other means. You agree that judgment may be entered on the award in any court of competent jurisdiction and, therefore, any award rendered shall be binding. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. You understand that by agreeing to arbitration as a mechanism to resolve all controversies, disputes and claims between us, you are waiving certain rights, including the right to bring an action in court, the right to a jury trial, the right to broad discovery, and the right to an appeal. You understand that in the context of arbitration, a case is decided by an arbitrator (one or more), not by a judge or a jury.

International Use

The Site is controlled, operated, and administered by EO from offices within the United States of America and is only intended for use therein. We make no representation regarding use of the Site outside of the United States.

Other Terms

If, for any reason, our Terms of Use, Privacy Policy, or any portion thereof to be unenforceable, such provision shall be enforced to the maximum extent permissible so as to give the intended effect thereof, and the remainder of these Terms of Use and Privacy Policy shall continue in full force and effect. EO’s failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent or similar breaches. No consent or waiver by EO hereof will be deemed effective unless in writing. These Terms of Use, together with our Privacy Policy, as each is currently posted, constitute the entire agreement between EO and you with respect to your use of the Site and supersede all previous written or oral agreements relating to the subject matter hereof, that this agreement shall not supersede, restrict, or replace any agreements governing the attorney-client relationship between EO and EO Clients.

EO may, in its sole discretion and without prior notice, block and/or terminate your access to the Site and if we determine that you have violated these Terms of Use or other terms or agreements or that may be associated therewith or if you use the Site in a way that we deem, in our sole discretion, to be an unacceptable use.

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