A mass tort is a specific type of personal injury law that results in affecting a group of people. This includes toxic products, defective medical devises, plane crashes, assault and battery, etc. This is unique in the way they are not just one case but multiple lawsuits against the same incident. For a mass tort to be filed the court must grant the plaintiff permission to file their case. The court will consider the following things:
- The number of people affected by the issue
- If everyone involved is in the same location
- If everyone involved suffered the same injuries
- If all the claims are from a common source
Mass torts are different from other personal injury lawsuits in a few ways. With a mass tort claim it deals with several victims being injured by the same product or action rather than just one. All these victims must have similar injuries from what caused them harm. Meaning they all must have suffered in a similar way. All the plaintiffs must want a similar outcome and be working toward the same goal. Mass torts are like class action lawsuits but have some differences that make them their own category.
There are usually four types of Mass Torts:
- Injuries from a medical device – Certain medical devices do not go through enough testing before being put on the market. Then as a result the device can end up causing some serious injuries.
- Injuries from prescription drugs – Similar to medical devices some drugs do not go through enough testing before being placed on the market. In some cases, the company is aware of the damage the product may cause but chooses to let it be sold anyway.
- Product Liabilities – Any company that sells a product is liable for any damage caused by the product. This means the distributors, retailers, manufactures, and distributors will all be held liable.
- Toxic Contamination – This is when the plaintiff has been injured the environmental contamination by a company. This includes companies like water treatment providers, radioactive waste generators, and mining companies. The most common contaminates are lead-based paint and asbestos.
If you or a loved one has been injured contact Rudolph F.X. Migliore P.C for a free legal consultation. Call 631-543-3663 or visit Migliorelaw.com. We are located at 353 Veterans Memorial Highway Commack, NY 11725.