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Consumer Product Class Action Lawyers

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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 for making a defective product. This enables efficiency in the judicial system because thousands of injured individuals might flood the court system if they each filed a suit independently of one another. In addition, class actions help to level the playing field between corporations and plaintiffs because large corporations have a substantial amount of money and lawyers. 

What Are The Requirements of a Class Action?

There are several requirements that a cause of action must meet in order to be 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 litigation 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 such as:

  • Who are the representatives?
  • Would I be better off proceeding on my own?
  • Will the proposed recovery benefit my needs?

There might be occasions where 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. 

Photo of page author Kristen Johnson

, LegalMatch Legal Writer

Last Modified: 05-22-2018 06:20 PM PDT

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