Should You Join a Product Liability Class-Action Lawsuit?

A class action lawyer can file a lawsuit when many people suffer similar injuries or damages from the same product. Rather than each person filing an individual lawsuit, a group can pool resources in a single case.

Class action lawsuits work better for some product liability cases than others. There are benefits and drawbacks. How this impacts you depends on the circumstances of your case. Speak with an experienced product liability lawyer in your area today. They can help you weigh your options. 

What Is a Product Liability Class-Action Lawsuit?

A product liability class action case is a legal action brought by class action attorneys on behalf of a lead plaintiff and a group of people. This group of people is a class. The members of the class collectively bring a single action against the defendant for a defective or dangerous product.

In contrast, a product liability lawsuit is an individual legal action filed by an injured party against the manufacturer, distributor, or retailer responsible for producing or selling a defective product. Both class action cases and individual lawsuits seek to hold responsible parties accountable. They pursue defendants for damages for creating or distributing products that cause harm when someone uses them as intended.

Product liability claims generally cover several legal theories under product liability law. Tort law claims include:

• Design defects
• Manufacturing defects
• Marketing defects

Some jurisdictions have statutes for these claims that outline your legal rights. Under strict liability, you must show the product was dangerous. You don’t have to prove fault. There could be a breach of warranty claim under contract law. It depends on your jurisdiction’s laws.

How Do Class Action Lawsuits Work?

Lawyers file class action cases when multiple people suffer similar injuries or damages from the same product or conduct. They are particularly useful in the following situations:

• Numerous people are affected by a defective product or harmful practice
• Each plaintiff’s damages are relatively small, which would make a personal injury attorney reluctant to provide legal representation for just one case
• The case involves systemic issues, such as false advertising, corporate misconduct, or environmental harm

Like other product liability lawsuits, plaintiffs must prove that the product defect caused their injuries and establish financial losses as a result. Plaintiffs can seek various damages such as:

• Medical expenses
• Lost wages
• Pain and suffering
• Property damage

In cases where the defendant’s behavior was especially egregious, the plaintiff can seek punitive damages through the legal process.

In class action lawsuits, lawyers try to prove the defendant’s actions affected the group similarly. Class action lawsuits don’t focus on specific people’s injuries.

Who Can Join a Class-Action Lawsuit?

A class action lawsuit requires that the court rule on class certification. The court determines whether the proposed class satisfies the requirements for certification. Requirements include:

• The lead plaintiff must have suffered harm in the same or a similar way as the other proposed class members
• The class must be appropriately defined
• The class must have similar questions of law or fact common to the class

Class certification can affect many people’s rights. It’s an essential part of each class action lawsuit. You can join a class action lawsuit as either the named plaintiff or by becoming a class member.

An experienced product liability attorney can help evaluate the specifics of your case. They can assess the likelihood of recovery and recommend the best path forward.

What Are the Benefits of Joining a Class-Action Lawsuit?

Class action lawsuits for product liability cases come with several benefits, including:

• Efficient legal process
• Reduced legal costs
• Accountability for widespread harm
• Little final risk to individual plaintiffs

If your damages are relatively minor, participating in a class action could be beneficial. It reduces the time you will need to devote to the case.

What Are the Drawbacks of Joining a Class-Action Lawsuit?

The drawbacks of joining a class action lawsuit can include:

• Limited control over the case strategy, settlement terms, or other legal decisions
• Lower individual compensation (awards are often divided among many class members)
• Lack of personalization (class action cases don’t cover individual damages like individual product liability lawsuits)

The outcome of a class action applies to all members of the class, regardless of the strength of your individual case.

What Are Some of the Most Notable Product Liability Class-Action Lawsuits?

The most notable product liability class-action lawsuits have affected a large number of consumers. These include the following:

• Tobacco products: Tobacco litigation has reached the point that lawyers call it a “mass tort.” Class action cases and cases brought by attorneys general for most U.S. states resulted in a Master Settlement Agreement. The MSA changed how manufacturers could target consumers and advertise products. The cases alleged that people’s addiction resulted from the tobacco company’s failure to warn of the risks of smoking. People continue to bring cases against tobacco companies.
• Asbestos building materials: Owens Corning Corp. agreed to pay more than $1 billion to settle asbestos-related product liability lawsuits. These lawsuits claimed that its asbestos-infused building materials caused mesothelioma cancer and death. Almost 200,000 people were involved in this product case.
• Silicone breast implants: Dow Corning reached a settlement agreeing to pay more than $3 billion as part of a class-action suit. It was the largest settlement at the time. The suit was filed by patients who claimed that their breast implants were defective, causing bodily damage and scleroderma.
• Tire failures: In the 1990s, hundreds of people died in automobile crashes. These crashes resulted from the failure of Firestone tires installed on SUVs and light trucks manufactured by Ford Motor Company. The tread separated from the tires at high speeds and high temperatures. Personal injury lawyers for plaintiffs argued that both Ford and Firestone knew of the dangers caused by the tires but did nothing. Firestone settled a class action lawsuit resulting from tire defects. It paid hundreds of millions of dollars to settle the claims and pay for tire recalls associated with defective tires.

How To Decide Whether To Join a Class-Action Lawsuit

Joining a class action lawsuit depends on several factors. In most cases, the most important factor is the severity of your injuries. If your injuries are severe or catastrophic and result in substantial economic and non-economic injuries, a product liability lawsuit may better fit your case and produce the best outcome.

However, if your injuries are relatively minor or your legal costs might outweigh the potential compensation, joining a class action may be best. Class action cases reduce your legal fees. They are a viable option for those with modest cases to pursue legal action. Speak with an experienced product liability attorney in your area who can give you legal advice and explain your options. They can help you make the best decision for your case.