Class Action Product Liability Lawsuits: What You Should Know

Posted by Lowe Eklund Wakefield Co., LPA on Jul 7, 2018 2:48:56 PM

When manufacturers or suppliers create products that cause the same types of injuries to numerous people, attorneys representing the injured plaintiffs may have reason to pursue a class action claim.  Class action lawsuits against product makers and sellers can be an effective tool for protecting innocent consumers against greedy, negligent, or fraudulent businesses.A class action lawsuit may be considered for your product liability lawsuit.

But making a decision regarding whether to pursue a class action lawsuit or whether to join an existing class in pending litigation is beyond the expertise of most people injured by defective products.  As a leading product liability law firm, the attorneys of Lowe Eklund Wakefield Co., LPA are here to help.

What Is a Class Action Lawsuit?

A class action lawsuit is a special type of civil case.  In a class action, rather than one individual suing another, a large number of individuals join together to sue a business, individual, or group of businesses and individuals.  Class action lawsuits are overseen closely by the courts, and not all requests to pursue a class action are granted.

While there are many factors that courts will consider when deciding whether to allow a group of people to pursue a class action case, class action cases that are allowed will likely involve a large group of people who have suffered the same type of injuries or damages as the result of the actions of the defendant or defendants.

The Typical Product Liability Class Action Lawsuit

In the context of product liability claims, class action lawsuits typically are brought by large groups of consumers who suffer financial loss as the result of a defective product or a product not conforming to express warranties.  Defects that cause a diminution in value or that represent fraud or price inflation may not be significant enough for individuals to pursue alone.  The class action lawsuit provides a consumer protection mechanism to hold companies liable for the significant financial damage they cause.

Do I Need a Class Action Case to Recover for My Product Liability Injuries?

No, you do not need a class action case to recover for a product liability injury.  In fact, the vast majority of product liability claims are not class action claims.  Most product liability injuries are in fact physical injuries; while class actions based on physical injuries may be pursued through class action or mass tort, it is generally preferable to resolve physical product liability injuries on a case-by-case basis.

For those injured by defective products, the important thing is to speak to an experienced product liability lawyer about your claim as soon as possible.  Whether a class action may be appropriate is a complex legal question, and one which your attorney will consider based upon your specific case.  The most likely route for an individual suffering personal injury, though, will be pursuing legal action individually against the businesses responsible.

Lowe Eklund Wakefield Co., LPA – Product Liability Lawyers in Cleveland, OH

If you or a loved one suffered injury or wrongful death as the result of a defective or dangerous product, call or email now for your free consultation.

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Topics: product liability