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If you have suffered serious health consequences from Aqueous Film-Forming Foam (AFFF) exposure, your life may be forever changed, including the loss of your ability to work, to take care of your family, and to enjoy life as you once did. When someone is harmed by exposure to dangerous chemicals, holding the at-fault party liable in civil court can help you move forward.
For many victims, taking legal action provides a sense of empowerment and closure. It allows you to take an active role in addressing the wrongs you’ve suffered and potentially helping others avoid similar harm in the future.
Pursuing legal action for AFFF exposure liability is not just about financial compensation but seeking justice and accountability. But who do you file a claim against if you were harmed by AFFF, and how do you establish liability? This guide covers the basics.
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Who Can Be Held Liable for AFFF Exposure?
Several parties can potentially be held liable for cancer caused by AFFF exposure and other serious medical conditions, depending on the specific circumstances of your case. Companies that may be the subject of AFFF lawsuits include:
- 3M
- Dupont
- Tyco/Chemguard
- Kidde
The U.S. government may also be liable for AFFF-related injuries. If you’ve been harmed by AFFF exposure, consulting with an attorney can help identify liable parties in your specific situation. Click here to learn more about the symptoms of AFFF exposure.
Exposed to AFFF?
Establishing Liability in AFFF Cases
Manufacturer liability is often a primary focus in AFFF lawsuits. One central claim is failure to warn, where plaintiffs argue that manufacturers knew or should have known about the dangers of AFFF but failed to inform users or the public adequately. This can include:
- Insufficient labeling
- Downplaying risks in marketing materials
- Withholding information about potential health hazards
Defective product claims are another avenue, asserting that AFFF was inherently dangerous due to its PFAS content, making it unreasonably hazardous for its intended use despite its effectiveness in firefighting.
User liability can also come into play, particularly for large-scale users like government agencies. This might involve claims that these entities continued to use AFFF despite growing evidence of its risks, failed to properly train personnel in safe handling procedures, or didn’t take adequate measures to prevent harm.
Proving Causation
A significant challenge in AFFF cases is proving causation. While growing scientific evidence links PFAS exposure to various health issues, establishing a direct causal link between a specific individual’s AFFF exposure and their health condition can be complex.
Despite these challenges, the growing body of scientific research on PFAS health effects strengthens the ability to establish causation in many cases. Generally, plaintiffs in AFFF lawsuits include civilian and military firefighters and non-firefighters who were exposed to AFFF on several occasions.
Personal Injury Deserves Personal Attention!
Why Victims of AFFF Exposure Deserve Compensation From Liable Parties
Victims of health conditions linked to AFFF exposure deserve compensation for several compelling reasons:
- Severity of health impacts: AFFF exposure has been associated with serious health conditions that can be life-altering or even life-threatening, often requiring extensive medical treatment, reducing quality of life, and potentially shortening life expectancy.
- Lack of knowledge of risk: In many cases, individuals exposed to AFFF were not adequately informed about the potential risks associated with the chemicals it contains. This is particularly true for occupational exposures.
- Corporate responsibility: Evidence suggests that some manufacturers were aware of the potential dangers of PFAS chemicals in AFFF but failed to warn users or the public adequately. Compensation serves as a form of accountability for these actions.
- Environmental damage: AFFF contamination has led to widespread environmental pollution, affecting water sources. Compensation can help fund necessary remediation efforts.
- Prevention of future harm: Lawsuits and compensation claims can incentivize companies to develop safer alternatives and implement better safety measures, potentially preventing future exposures.
- Support for affected families: Health conditions resulting from AFFF exposure don’t just affect the individual; they impact entire families. Compensation can provide crucial financial support for families dealing with the consequences of these illnesses.
- Recognition of suffering: Compensation serves as an acknowledgment of the pain, suffering, and life disruptions that victims have endured due to AFFF-related health issues.
Ultimately, compensation for AFFF exposure victims is about justice, accountability, and providing necessary support to those whose lives have been significantly impacted by these chemicals.
Future Outlook for AFFF Exposure Liability
The future outlook for AFFF liability is dynamic and likely to be shaped by several key factors. As scientific understanding of PFAS health effects continues to evolve, we may see an expansion of recognized health conditions linked to AFFF exposure. This could broaden the scope of liability and increase the number of eligible plaintiffs.
Ongoing research may also strengthen the evidence linking PFAS exposure to specific health outcomes, making it easier for plaintiffs to establish causation in court. Additionally, advancements in detection and monitoring technologies could reveal more widespread contamination than previously known, potentially implicating new defendants or expanding the geographical reach of existing claims.
These developments suggest that AFFF liability will remain a significant and evolving area of environmental and personal injury law for the foreseeable future. To learn more about holding the party or parties responsible for your AFFF exposure liable for your injuries and damages, contact an AFFF lawsuit lawyer from the Goldwater Law Firm’s partner firms.