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If your business makes, distributes, or sells a product that turns out to be harmful, even if it’s used as you intended, you may be caught up in product liability litigation. These cases can be high-stakes, high-profile cases that pose not only a financial threat (if you lack sufficient insurance) but can cast a shadow on your reputation and brand.
What Are Forever Chemicals?
“Forever chemicals” have the potential to be a massive new wave in product liability cases because of how widespread these chemicals are. Per- and polyfluoroalkyl substances (PFAS) are endocrine-disrupting chemicals (EDCs), according to the Cleveland Clinic. They’re in countless items we use daily, from food to cookware to clothes and upholstery.
PFAS was the result of a lab accident in the 1930s. It’s used because it makes products durable, waterproof, and heat-resistant. It’s used in firefighting foam because it makes it more stable and longer-lasting, so it’s better for extinguishing fire and controlling its spread.
Minor but repeated PFAS exposures can build up inside your body. Over time, they may interfere with your hormones, impacting many things, from your mood and sleep to metabolism, blood pressure, and reproduction.
What Is Product Liability Litigation?
These cases involve products that cause harm. Someone injured could claim you intentionally wanted to harm them, you made serious enough misjudgments to show you negligently harmed them, or you did neither.
You didn’t want to harm anyone, and your errors don’t show that you were negligent. The problem for you is that you put an unreasonably dangerous product into the stream of commerce, which may be enough to put you on the hook. The product may be hazardous because of its design or engineering, it was dangerously manufactured, or you didn’t include sufficient directions or warnings.
Defendants aren’t just the companies designing or manufacturing these products. It’s any company that distributed or sold them. Let’s say you carry a line of products that contain a chemical. You’re not a chemist or a public health expert. You thought it was a good product that might make you money. If the product is unreasonably dangerous due to that chemical, you could be one of many companies facing liability.
What Is PFAS Litigation?
The state of Maryland, according to the Associated Press, is suing the business producing the waterproof material Gore-Tex, W.L. Gore & Associates. It’s often used on raincoats or other outdoor gear that you may have in your closet. The state claims the company’s management continued to use “forever chemicals” long after learning they pose serious health risks.
The state claims PFAS are linked to cancer, can weaken immune systems, and make childbearing more difficult. Maryland joins a lawsuit brought by Cecil County residents, who demand Gore pay for medical bills, new water filtration systems, and other damages resulting from decades of PFAS contamination of the rural community’s water supply.
The legal action focuses on the company’s 13 facilities in northeastern Maryland. It alleges Gore polluted the water and air around its properties with PFAS, endangering the community’s health while profiting from its dangerous product.
Gore’s response to Maryland’s lawsuit was that it was surprised, given its “…proactive and intensive engagement with state regulators over the past two years” and “collaborative efforts to protect the environment.” Our Newport, CA business litigation lawyer representing plaintiffs claims the company’s efforts are too little too late.
3M, a major PFAS producer, settled water pollution lawsuits filed by more than 300 communities with a $10.3 billion payout in June 2023, according to Time. But, given the widespread pollution, that may not be enough to solve their problem.
Much of the harm in these lawsuits involved PFAS used in firefighting foam by fire departments, especially those covering airports. Potentially, any business selling or distributing that foam could be sued because of the damage PFAS has done.
If you have questions or concerns about your potential legal liability for products you make, distribute, or sell, discuss the issue with your attorney to see what you should do to protect your company. Don’t face legal issues alone—contact Focus Law LA now for trusted business law advice.
