Consumer Product Class Actions What are Class Actions?
Class actions are a type of suit that allows a group of claimants to join together in a common cause of action against a product maker. This enables efficiency in the judicial system because potentially thousands of injured individuals might flood the court system if they filed a suit independently of each other. In addition, class actions help to level the playing field because large corporations have a substantial amount of money and lawyers. What Are The Requirements of a Class Action?
There are several requirements for a cause of action to be considered and allowed to proceed as a class action. These include:
¿ Large Numbers of People: There must be many individuals who suffered injury on the part of the product maker¿s negligence. Normally, there must be over 30 members to even be considered as a class action.
¿ Commonality: A question of law or fact that is common to the parties. This means that all class members must have been injured by the same product.
¿ Typicality: The representatives of all class members must have similar interests in common with all members. This will ensure that representatives will adequately represent the interests of all.
¿ Adequate Representation: The representative classes must have the financial resources and representation to fully proceed with the case. Should I Proceed with a Class Action?
Consumers of a product might receive notice by mail or in person of a pending class action lawsuit. The notice might ask a consumer whether they want to join in a class action lawsuit. Consumers should consider several factors listed below:
¿ Who are the representatives?
¿ Would I be better off proceeding on my own?
¿ Will the proposed recovery benefit my needs? There might be occasions in which you have no choice but to participate in the class action because the ¿opt-out¿ deadline has passed. Should I Consult an Attorney?
An experienced product liability attorney who specializes in class actions would be extremely helpful. An attorney could advise you on whether a proposed class action adequately represents your needs. In addition, you may want to proceed with your own lawsuit because your injuries are substantially different from the class action. Related Categories
¿ Products Services
¿ Defective Products (Class Action)
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