Silicosis Litigation — the Framework of Georgian Law
Silicosis is an occupational disease connected with the processing of stone, sand and concrete: construction, stone production and ongoing works are its typical environment. It must be said plainly at the outset: Georgian law has neither a special statute for silicosis nor a class-action mechanism — the route is an ordinary tort claim, which covers multi-party participation through joint and several liability. The grounds are: Article 992 — a person who causes damage to another by an unlawful, intentional or negligent act is obliged to compensate it; Article 997 — the employer answers for his employee's unlawful act committed in the performance of service duties; and Article 998 — joint and several liability where several persons participate in causing the damage.
Proving the Exposure — Articles 992 and 997
A silicosis case begins with proving the exposure: where, when and under what conditions the influence of quartz dust occurred. There are two legal constructions: general fault (Article 992) — where the negligent act of the person causing the damage is established directly; and the service-connection construction (Article 997) — where the damage was caused by the employer's employee's unlawful act in the performance of service duties; in the latter case no liability arises if the employee acted without fault. In construction practice both constructions are realistic — and choosing between them correctly predetermines the outcome of the case.
Because of the multi-year exposure, in a silicosis case the work history is itself evidence: where the victim worked, in which technological operations he was involved, what protective equipment he had and what the industrial environment was like. Together with the specifics of processing stone, concrete and sand composition, these facts create the pillar of causation on which the entire claim stands. Therefore, the documentary reconstruction of this history is the first task immediately upon starting the case.
Joint and Several Liability — Article 998
The peculiarity of silicosis cases is multi-party participation: on a site several relationships usually operate — the client, the contractor, the subcontractors. Article 998 regulates this situation: where several persons participate in causing the damage, they answer as joint debtors. Liability for the damage is borne not only by the person who directly caused it, but also by the one who instigated or aided it, as well as the one who consciously took advantage of the damage caused to another. For the victim this is a powerful instrument: the claim may be presented in full to any participant, and the equalisation among the parties becomes their own internal matter.