Companies and employers generally have a duty to engage in safe consumer practices and avoid intentionally exposing the public to knowingly harmful conditions. Mass tort litigation allows people from across a state and even from other states to come together and have their case collectively heard before one judge rather than litigated multiple times throughout the country, which can result in different verdicts.
When a group of people are all injured by the same product or by the same business, they may be able to file a mass tort action to seek damages and recover for their losses. However, mass tort litigation can be incredibly complex and often requires the assistance of a dedicated and experienced lawyer to ensure that everyone injured because of a company’s negligence receives the attention their injuries deserve.
A Palm Beach Gardens mass torts lawyer could answer any questions you have about mass torts in Florida and beyond. Call today to schedule a consultation.
Common Mass Tort Claims
Some of the most common mass torts claims involve products that a company knew could cause an injury but failed to warn the public about. Some common examples of mass tort cases include:
- Asbestos exposure
- Defective drugs
- Defective medical devices
- Hernia Mesh
- Contaminated food or drink products
- Exposure to lead paint or toxins
- Hip replacement injuries
Mass Torts Vs. Class Action Lawsuits
Many people confuse the term “mass tort” with “class action lawsuit”—and to be fair, the concepts are somewhat similar. A class action lawsuit must meet requirements of numerosity, commonality, typically, and adequacy. In other words:
- There must be enough people involved such that it would be impracticable for the cases to be heard throughout the country
- There must be a common question of either law or fact
- The claims and defenses of the class representatives must be typical of those in the class
- The class representative must adequately and fairly protect the interests of those in the class
In a class action lawsuit, a large group of people is represented by a class representative. In essence, a class action lawsuit treats all members of the lawsuit as a single person.
However, in a mass tort claim, the individual plaintiffs are able to have their case heard by a single judge. In order to be considered a mass tort claim, the plaintiffs must demonstrate:
- They share a similar injury
- They are in geographical proximity to each other
- There are numerous plaintiffs involved
Because a single judge hears a mass tort claim, it is often considerably easier to collect and present evidence.
Benefits of Working with a Palm Beach Gardens Mass Torts Attorney
Mass torts claims are inherently complex, involving complicated factual backgrounds that often refer to arcane and sometimes nebulous legal theories. In addition, effectively litigating a mass torts claim requires substantial preparation and organization.
A Palm Beach Gardens mass torts lawyer could help injured plaintiffs explore their legal options and work to ensure that every individual involved receives a fair and appropriate hearing. Call now to get started on your case.
Speak to a member of our team today.