How PFAS Exposure Is Driving A New Era Of Personal Injury Claims

Understanding PFAS Personal Injury Claims

Public concern about PFAS—often called "forever chemicals"—has grown as regulators prioritize the issue, and as more communities learn about potential contamination in drinking water, soil, and consumer products. These synthetic compounds have been used for decades in manufacturing, firefighting foam, and everyday items designed to resist heat, water, or stains. Their durability, while useful in industry, also means that certain types of PFAS may linger in the environment and accumulate in the human body. As a result, PFAS exposure has become the focus of significant litigation, including a rising number of personal injury claims. The prevalence of such lawsuits will grow as regulators continue to adopt unforgiving concentration limits (often in the parts per trillion), which will fuel the plaintiff bar in targeting industry clients.

How PFAS Exposure Occurs

PFAS are utilized in a vast number of consumer goods and industrial processes – including food packaging, firefighting foams, and myriad other applications. PFAS can enter the environment through industrial discharges, the use of firefighting foam, or the breakdown of consumer products. Given the innumerable sources of PFAS, they are often also found at "background" levels – in other words, they are present in the environment, but their origin is unclear. Once present in the environment, PFAS can migrate into groundwater and drinking water systems, particularly in areas near manufacturing facilities, airports, and military bases. Workers in certain industries and firefighters may also face higher exposure levels due to the nature of their jobs.

Because PFAS are so widespread, many (or perhaps most) individuals have likely been exposed to PFAS in some fashion. Such exposure typically gives rise to a personal injury claim when a person believes the exposure was significant, traceable to a particular source, and connected to a diagnosed health condition.

Why Individuals Are Filing Claims

People pursuing PFAS personal injury claims generally allege that manufacturers or users of PFAS‑containing products failed to warn about potential risks or did not take reasonable steps to limit environmental releases. Such lawsuits are not limited to manufacturers and intentional users of PFAS. Defendants also include passive receivers of PFAS – in other words, facilities that do not intentionally use PFAS, but who nevertheless discharge water or other material that is (knowingly or unknowingly) tainted with PFAS given its ubiquity in the environment. These cases often appear alongside broader litigation involving water providers and municipalities, but personal injury claims focus on the individual—what they were exposed to, how long the exposure lasted, and what health effects they experienced.

PFAS‑Related Claims Emerging Nationwide

Courts are seeing a wide range of claims, including:

• Consumer product claims alleging that items such as cookware, textiles, cosmetics, and food packaging contained PFAS without adequate disclosure.
• Environmental contamination and cleanup claims brought by states, municipalities, and water systems seeking reimbursement for investigation, remediation, and monitoring costs.
• AFFF ("Aqueous Film-Forming Foam")‑related claims involving both personal injury suits by firefighters and environmental claims tied to historical foam use at airports and military bases.
• Insurance coverage disputes over whether PFAS‑related liabilities trigger defense or indemnity obligations.
• Property damage and economic loss claims involving diminished property value or the cost of filtration systems.
• Agricultural claims tied to PFAS‑contaminated soil, water, or livestock.
• Drinking water exposure in communities near industrial sites, airports, or military installations.
• Occupational exposure, particularly among firefighters and workers in manufacturing settings.

Claimants typically identify a specific health condition they believe is connected to PFAS exposure including various cancers, multiple sclerosis, and infant mortality. The strength of these claims often depends on the available scientific research, medical documentation, and the ability to link exposure to a particular source. These categories continue to expand as testing increases and regulatory scrutiny grows.

Considerations for Companies and Other Entities Facing PFAS Claims

Businesses, municipalities, and other organizations may also find themselves named in PFAS lawsuits. Early evaluation typically focuses on:

• Historical use or disposal of PFAS‑containing materials
• Environmental sampling data and regulatory filings
• Operational changes that may demonstrate improved controls
• Insurance coverage and notice obligations
• Whether related claims are proceeding within multidistrict litigation

A clear understanding of the factual record is essential to navigating these claims effectively.

Companies should also consider attorney-client privilege issues when evaluating their risk of PFAS liability. Given the ubiquity of PFAS in the environment and the critical stakes involved, companies should proceed with caution before generating data that could prove discoverable in future litigation.

Finally, in real estate and other transactions, companies should focus on PFAS liability during due diligence considerations. Companies should be careful not to purchase a business or facility that will lead to undue exposure to PFAS liability.

A Legal Landscape Still Taking Shape

PFAS litigation continues to evolve as scientific research develops, and regulators consider new limits on PFAS in drinking water and consumer products. Further, as various pending PFAS mass tort cases unfold, the resulting jury verdicts will influence the marketing and litigation strategies employed by the plaintiff bar. Courts are beginning to address personal injury claims more directly, but the legal standards are still emerging. For individuals, companies, and communities, this means navigating a complex mix of science, regulation, and litigation strategy.