A mass tort is a type of lawsuit that occurs when numerous people are harmed or injured by the same act or omission.
These cases often involve multidistrict litigation, which means they are grouped as a single case, even though they may involve different plaintiffs. For example, for someone to be considered a class representative in a mass tort case, they must first consent.
This is because class representatives have special responsibilities during the litigation. Some examples of mass tort cases include defective products, medical devices, and prescription drugs.
If you believe that a defective product has harmed you, you may be able to join a mass tort case against the company that manufactured the product.
What is a Tort?
A tort is an act or omission that gives rise to injury or harm to another and amounts to a civil wrong for which courts impose liability. In the context of torts, ‘injury’ describes the invasion of any legal right, whereas ‘harm’ describes a loss or detriment in fact that an individual suffers.
Torts are classified in various ways, the most common being intentional torts, negligence, and strict liability. Intentional torts are those where the defendant acted intending to cause harm or injury, such as assault or battery.
Negligence is when the defendant has breached a duty owed to the plaintiff, such as a duty of care, resulting in damage or injury. Strict liability is when the defendant is liable for damages even if they were not at fault, such as in cases of defective products.
Several defenses can raise in tort cases, such as contributory negligence or self-defense.
What is the Process of a Mass Tort Claim?
While the specifics of each mass tort claim’s proceedings and outcomes might vary, typical stages occur in each such action.
- Filing a Claim
- The Discovery Process
- The Motion Practice / Trial
Mass torts empower those who have been harmed by the same company or individual’s harmful actions to band together and seek compensation. Instead, they’re frequently used to tackle influential organizations, and they can result in more robust, more efficient cases. TruLaw can help you with filing a Mass Tort Claim.
The goal of a mass tort suit is to assist individuals who have been harmed by the same person or group’s actions. They’ve been instrumental in taking on abusive employers, negligent pharmaceutical companies, and unethical businesses. These instances use shared power while preserving individual legal sovereignty.