Mass Tort Lawsuits: Common Defenses and Strategies for Success

Mass tort lawsuits involve losses or injuries to large groups of people due to hazardous products, disasters, exposure to toxic substances, defective medications & medical devices. Learn about common defenses & strategies.

Mass Tort Lawsuits: Common Defenses and Strategies for Success

Mass tort lawsuits are a type of personal injury law that involves losses or injuries to large groups of people. These cases often involve hazardous products, disasters, exposure to toxic substances, defective medications and medical devices, and natural disasters. In order for a mass tort lawsuit to be successful, all the plaintiffs must share something in common. Manufacturers have a responsibility to ensure that their products are safe and provide appropriate information to their consumers, and if they don't do so on a large scale, these harmed consumers can hold these entities accountable.

There are three main types of liability for defective products: strict liability, negligence, and breach of warranty. Companies and entities responsible for injuries suffered by large numbers of people in mass tort cases must be held accountable for the harm they have caused. In order to defend against a mass tort lawsuit, companies may use a variety of strategies. One common defense is to argue that the product was not defective or that the company was not negligent in its design or manufacture.

Companies may also argue that the plaintiff was aware of the risks associated with the product and assumed those risks when using it. Additionally, companies may argue that the plaintiff's injury was caused by something other than the product in question. In mass tort litigation (MDL), settlements are complex and require creative solutions and appropriate processes to manage hundreds or even thousands of settlements. Unlike class action lawsuits that divide the settlement equally between all plaintiffs, mass torts allow each plaintiff to seek compensation for their individual injuries.

In most cases, it is necessary to have the assistance of a specialized tort lawyer when participating in massive tort litigation. Faegre Drinker has a national reputation as a mass grievance lawyer with experience in managing the liquidation of major MDL products. Faegre Drinker has the capacity to perform all the functions involved in collective civil liability litigation and the collaboration skills needed to work together with other firms when litigation requires the collaboration of several firms. When it comes to defending against mass tort lawsuits, it is important to understand all available strategies and defenses.

Companies should be aware of their legal obligations and take steps to ensure that their products are safe and properly labeled. Additionally, companies should be prepared to defend themselves against any claims of negligence or breach of warranty. Finally, companies should consider hiring an experienced tort lawyer who can help them navigate the complexities of mass tort litigation. Mass tort lawsuits can be complex and difficult to manage, but with the right strategies and legal representation, companies can successfully defend themselves against these claims.

By understanding their legal obligations and taking steps to ensure their products are safe, companies can protect themselves from costly litigation.