The Swedish Supreme Court recognises personal injury for people who have elevated PFAS levels in their blood due to contaminated drinking water. The municipal water supply company should be responsible for compensation.
The history of the PFAS scandal in Ronneby: In 2013, blood PFAS concentrations of up to 10 µg/l were detected in 150 residents. The people affected had ingested the harmful substances via contaminated drinking water. As soon as the contamination became known, the Brantafors waterworks of the supplier Ronneby Miljö och Technik AB was taken off the grid and an uncontaminated waterworks took over the supply. Firefighting foams used by the Swedish armed forces during exercises at Kallinge Airport are believed to be the cause of the water contamination.
A study published in 2021 compared the blood values of the residents of Ronneby with those of a reference group. It found that the exposure of people living in the catchment area of the waterworks between 2005 and 2013 was up to a hundred times higher than that of the reference group.
Detection of personal injury caused by PFAS
The Supreme Court's decision, which amends a previous judgement by the Court of Appeal, confirms that people with elevated levels of PFAS in their blood have suffered personal injury. The responsibility for the possible payment of compensation was awarded to the municipal water supplier.
From Svenskt Vatten's point of view, however, the question still remains as to what amounts may have to be paid and who will ultimately have to pay for the pollution and the personal injuries that have now occurred under tort law.
According to Pär Dalhielm, CEO of Svenskt Vatten, the responsibility should lie with the polluters. “There are several areas contaminated with PFAS that are not being cleaned up by anyone. The polluter's lack of responsibility means that the costs and measures are passed on to those affected. In the industry, we have been developing and investing in control and cleaning techniques for several years to ensure a safe water supply. These are costs that the inhabitants of Sweden have to bear and not the polluter. We need to clarify what the polluter pays principle is and who is responsible for cleaning up other sites”, he said.
He also emphasised the importance of quickly introducing a complete ban on PFAS. In view of the enormous consequences and social costs that PFAS cause for the environment and health, he considers it unacceptable that there is still no complete ban.
