AFFF Lawsuits: Holding Manufacturers Accountable for Toxic Firefighting Foam

Aqueous film-forming foam (AFFF), previously lauded for its firefighting effectiveness, now faces a surge in legal challenges. Firefighters and communities exposed to AFFF are filing lawsuits against the manufacturers, alleging negligence, product liability, and resulting health problems. Understanding the legal basis for these lawsuits is crucial for those potentially affected.

The Core Arguments: Negligence and Product Liability

According to Trulaw, the legal actions against AFFF manufacturers primarily revolve around two key concepts: negligence and product liability. Let’s go deeper into each claim.

Negligence and Failure to Warn

The crux of the AFFF lawsuits centers on the manufacturer’s alleged failure to properly warn about the health hazards of exposure to the firefighting foam’s chemicals. This claim rests upon four key pillars:

• Duty of Care: Manufacturers have a legal responsibility to ensure their products are reasonably safe and do not pose unreasonable risks to users or bystanders.
• Breach of Duty: A key argument in these lawsuits is that AFFF manufacturers breached their duty of care. Central to the lawsuits are claims that manufacturers neglected to adequately warn about the health dangers of AFFF exposure. 

This lack of warning allegedly harmed not only firefighters using the foam directly but also residents living near military bases or airports where AFFF was used extensively.

• Causation: The legal principle of causation dictates that the defendant’s negligence must be a direct and proximate cause of the plaintiff’s injuries. In AFFF lawsuits, plaintiffs need to establish a link between their exposure to AFFF and the health problems they are experiencing.
• Damages: To have a successful lawsuit, plaintiffs must demonstrate they have suffered actual damages due to AFFF exposure. Damages awarded in these lawsuits can encompass a broader range of losses than simply medical bills, lost wages, and pain and suffering. It can encompass a broad spectrum of losses.

Product Liability and Defective Design

Product liability claims go beyond negligence and allege that the AFFF product itself was inherently dangerous. These claims typically focus on three main assertions:

• Design Defects: Plaintiffs may argue that the very chemical composition of AFFF is inherently toxic and poses a threat to human health. Perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS), two key components of AFFF, are linked to a couple of health problems, including cancer, thyroid issues, and immune system dysfunction.
• Manufacturing Defects: Some lawsuits allege that errors occurred during the manufacturing process, making the AFFF product even more hazardous. These could involve issues like improper mixing of chemicals or contamination during production.
• Failure to Warn/Inadequate Instructions: Beyond simple negligence in warning, product liability claims might argue that AFFF products lacked proper instructions or warnings for safe use. This could further strengthen the case against manufacturers.

Strict Liability: A Different Legal Approach

In some states, the legal concept of strict liability can come into play. Strict liability removes the need to prove negligence. Under strict liability, plaintiffs don’t need to prove the manufacturer’s negligence. 

Instead, they just have to show the AFFF product was faulty, caused them harm, and presented an unreasonable danger for its intended firefighting purpose. This can simplify the legal process for those affected by AFFF exposure.

Latest Updates and Ongoing Research

Here are some recent AFFF legal developments you ought to know about:

• 2024 June YTD: There is a significant increase in the AFFF firefighting foam class action lawsuits. More than 250 new cases joined the MDL in May, resulting in the total number of pending cases touching 8,270. This represents a slight decrease from the number of new cases filed the previous month, but still indicates ongoing momentum in the legal action against AFFF manufacturers.

This record number of new cases signifies the growing number of individuals seeking compensation for AFFF-related health problems.

• Ongoing Research: While research into the health effects of AFFF exposure is ongoing, several studies have identified potential links between AFFF and various health issues. We need more research to establish definitive causal relationships. 

FAQs

Does Living Near a Military Base With a History of AFFF Use Automatically Qualify Me to Sue?

Living near a military base with AFFF use doesn’t guarantee a lawsuit. Factors like your proximity, duration of exposure, and any health problems you experience will influence your case. Talk to an attorney to help determine whether you qualify for not.

What Health Problems Could I Develop if I’ve Been Exposed to AFFF Firefighting Foam?

Research suggests AFFF exposure might be linked to various health issues. While research suggests potential links between AFFF exposure and various health issues, including certain cancers,thyroid problems, and a weakened immune system, more conclusive evidence is needed to establish definitive cause-and-effect relationships

Are There Time Restrictions on Suing for AFFF Exposure?

The time window for filing an AFFF lawsuit isn’t uniform across the country, with each state having its own statute of limitations — a legal deadline for initiating lawsuits. This deadline can vary significantly, so it’s critical to consult with an AFFF attorney promptly. Don’t delay, as missing the deadline could potentially prevent you from pursuing legal action.

conclusion of AFFF Lawsuits

In conclusion, AFFF lawsuits represent a growing effort to hold manufacturers accountable for the potential health consequences of using this firefighting foam. Understanding the legal basis for these lawsuits, including arguments regarding negligence, product liability, and strict liability, is crucial for those potentially affected by AFFF exposure. As research continues and the legal system navigates these cases, the true impact of AFFF on human health will become clearer.