Personal Injury and PFAS: Liability of Manufacturers and Downstream Industrial Users to Individuals and Communities

PFAS are human-made chemicals used in industrial environments, including, most significantly, in aqueous film forming foam (AFFF) at military facilities, airports and industries with Class-B fire suppression systems. PFAS has also been used in many common household items, such as cookware, carpeting, stain-resistant products, and automotive products. The chemical structure that makes them useful for these purposes also prevents them from breaking down in the environment. PFAS is alleged to cause a wide range of illnesses and conditions, including many forms of cancer.

While certain forms of PFAS are no longer used, concerns over their continued presence mean that communities and consumers are demanding clean-up and compensation for health issues said to arise from PFAS. Litigation has been driven by groundwater contaminated with PFAS from AFFF use in emergency/fire events and AFFF testing and training. Additionally, groundwater contaminated with PFAS from products such as carpets treated with PFAS dumped in landfills, is also a concern.

There is a growing trend in toxic tort litigation involving emerging contaminants resulting in ground-breaking verdicts. Counsel presented with a PFAS case must know where to learn which issues have been litigated in other cases and what evidence has been discovered and revealed. They must also understand the changing regulatory landscape both at the federal and state levels.

Listen as our authoritative panel analyzes the notable litigation--decided and ongoing--and explains what theories of liability are gaining the most traction and what issues counsel must be prepared to address.