AFFF Firefighting Foam Lawsuit in California

What California residents should know

California residents are not necessarily limited to filing only in California state court. Many mass tort claims may be evaluated by national firms, filed in federal court, coordinated through MDL proceedings, or handled through another legal process.

State law may still matter for deadlines, damages, claim evaluation, and certain procedural issues.

California's PFAS lawsuit and the AFFF litigation

On November 10, 2022, California Attorney General Rob Bonta filed one of the broadest state PFAS lawsuits in the country, suing 3M, DuPont, and more than a dozen other manufacturers and alleging PFAS had reached at least 146 public water systems and the bloodstream of most Californians. California has also issued statewide PFAS monitoring orders covering hundreds of water systems. Federal AFFF personal-injury claims by California residents are transferred into MDL-2873 before Judge Richard M. Gergel in the U.S. District Court for the District of South Carolina; the state suit is a separate proceeding seeking cleanup and damages.

Sources: California Attorney General — Bonta sues PFAS manufacturers (Nov. 10, 2022); California State Water Resources Control Board — PFAS program.

Possible eligibility factors

California residents may want to speak with a lawyer if they used or were exposed to Aqueous film-forming firefighting foam and PFAS chemicals and later experienced kidney cancer, testicular cancer, thyroid disease, ulcerative colitis, or another condition being reviewed in PFAS-related AFFF claims.

• Use, prescription, employment, service, or exposure history.
• Medical diagnosis and treatment records.
• Approximate dates of use, exposure, diagnosis, and treatment.
• Information about prior conditions, alternative exposures, or other facts a lawyer may need to evaluate.

What records support AFFF claims in California?

• Fire department, airport, military, industrial, or training records showing AFFF or PFAS exposure.
• Incident reports, foam-use logs, safety data sheets, water testing records, address history, or base/worksite records.
• Diagnosis records, pathology reports, oncology or specialist notes, treatment records, and death certificates where applicable.
• Witness names, co-worker statements, photos, calendars, or documents tying the exposure to a specific site and time period.

What exposure and legal context matter in California?

State residents may have encountered AFFF or PFAS through fire departments, airports, military bases, industrial facilities, training areas, or water contamination.

Where are California AFFF cases handled?

Living in California does not necessarily mean the case will be filed only in California. Claims may be evaluated by national firms, filed in federal court, coordinated through MDL proceedings, or handled through another legal process.

Federal courts in California

• Northern District of California
• Eastern District of California
• Central District of California
• Southern District of California

What is the filing deadline for AFFF lawsuits in California?

For a California resident researching AFFF claims, the starting point is usually California's general personal injury period: 2 years under Cal. Code Civ. Proc. § 335.1. That is only a starting point, not a final legal deadline for every person.

The real filing deadline can depend on diagnosis date, when the injury and possible cause were discovered, exposure location, wrongful-death issues, prior claim paperwork, and whether the case is filed directly, transferred to an MDL, or handled through another process.

Discovery-rule note: California applies a discovery rule: the period generally runs from when a plaintiff discovers, or reasonably should have discovered, the injury and its wrongful cause.

How long do California residents have to file?

California's personal injury statute of limitations applicable to product liability claims is 2 years (Cal. Code Civ. Proc. § 335.1). Accrual timing, tolling, and repose periods can still change the real deadline in an individual case.

• Filing period: 2 years — Cal. Code Civ. Proc. § 335.1.
• Discovery rule: California applies a discovery rule: the period generally runs from when a plaintiff discovers, or reasonably should have discovered, the injury and its wrongful cause.

Because the controlling deadline depends on diagnosis date, discovery facts, exposure history, wrongful-death rules, and how the claim is filed, only a licensed attorney can confirm the deadline that applies to a specific situation. This page is general legal information, not legal advice.

What should California residents ask a lawyer?

• Are you reviewing personal injury AFFF/PFAS claims, water-system claims, or both?
• What exposure records do you need for my firefighting, military, airport, industrial, or water-contamination history?
• Is my diagnosis one currently being evaluated in the personal injury litigation?
• How do state filing deadlines affect my diagnosis and exposure timeline?
• Would my claim be handled locally, nationally, or through the MDL?
• Are there upfront costs?