Challenges in Managing Class Actions for Defective Products Resulting in Catastrophic Injuries

9 Challenges Common in Class Action Product Liability Cases

Defective products can lead to catastrophic injury, leaving individuals and families reeling while facing long medical journeys and future losses and expenses. Personal injury product liability claims let you seek compensation for losses from manufacturers and others who may have been negligent in allowing the defective product to cause injury.

A class-action case may develop when the same product defect potentially injures multiple or many people. Class actions consolidate similar claims into a single lawsuit, which might streamline processes, create cost benefits for plaintiffs, and enhance negotiation power and the potential for corporate justice. However, class actions are not without challenges.

1. Certifying the Class

Before a class action is certified by the court, which allows it to proceed in litigation, attorneys and claimants must demonstrate that a class exists. They must identify individuals impacted negatively by the same product, leading to common injuries and other issues.

Identifying claimants can involve costs associated with advertising the class action and vetting potential plaintiffs. Demonstrating the commonality of the claims and that adequate representation can be provided to all in the class requires experience and knowledge of these claims.

2. Demonstrating Cause

Certification of a class doesn’t mean that the plaintiffs have sufficiently demonstrated causation — that the product did cause catastrophic injuries or that liability for these injuries existed. Demonstrating a clear link between the product or manufacturer action and injuries is another common challenge for legal teams in product liability class action suits.

3. Addressing Variations Between Claimants

Most class actions involve variation between claimants. Not everyone may have used products in the same way. Plaintiffs are also individuals — they may come from different backgrounds and regions or be part of different generations. Even the injuries people suffer may vary — some members of the class may be dealing with catastrophic injuries while others have less severe injuries. Legal teams must address variations in the class to ensure that they don’t diminish claims regarding product liability.

4. Supporting the Scale of the Case

Large classes can include hundreds or even thousands of members. Legal teams must be prepared to work collaboratively, supporting excellent communication and information management to ensure fairness and comprehensive representation for everyone in the class. For potential class members, it’s essential to set expectations about open and regular communication and ensure that your legal team is ready to stand up for your interests.

5. Obtaining Evidence

Evidence is critical to success in any product liability case, and that’s true in a class action lawsuit. Legal teams may need to aggressively seek evidence that defendants might try to withhold or destroy. The scale of class actions makes it more difficult to gather and preserve evidence and creates challenges in deciding what evidence is most critical to present.

6. Presenting Complex Details in Jury-Friendly Ways

Once legal teams decide how to present evidence and create a narrative demonstrating product liability, they must find ways to present complex details so that courts, juries, and even the general public can understand.

If the details of a case are too complex and can’t be presented in layman’s terms, it can damage the chances of satisfactory settlement negotiations or winning a case in court. Juries may not be able to confidently decide in favor of the plaintiffs when they can’t understand the mechanics of the product injury or how manufacturer negligence contributed to injuries.

7. Addressing Aggressive Defense Strategies

While plaintiff legal teams are working to create class action lawsuit strategies that are as strong as possible, defense teams are doing the same for manufacturers and others. Defense teams will try to gather evidence that supports narratives that defects didn’t exist, that people erred in using products, that injuries are related to other factors, or that injuries don’t even exist to the scope claimed. Plaintiff legal teams must proactively prepare to address these types of defense strategies.

8. The Length of Litigation

Because of their size and scope, class action lawsuits may take years to resolve. That’s true whether the final resolution is a court decision or a negotiated settlement. The length of litigation means that individuals and families impacted by product injuries might live in a state of limbo, dealing with legal processes and uncertainty around financial stability for months or years.

9. Reaching Fair Settlements

The settlement of class actions is also complex. Legal teams must be concerned with reaching a fair settlement that provides for potentially diverse needs within the class. At the same time, individuals within the class may be concerned with ensuring their own needs are met. Some individuals may have opted out of the class early on to seek legal recourse against the defendants, and those cases can impact the overall outcome of the class action — and vice versa.

Talk to a Lawyer About Your Product Injury Claim

Class action lawsuits are complex. While there are benefits to being included as a class member in such actions, these cases also come with challenges. If a product defect has injured you or someone you love, understanding your rights and options for seeking compensation from at-fault parties is essential. Talking to an experienced personal injury legal team can help you make an informed decision about your case, including whether you should join a pre-existing class action.

Connect with Benner Law Firm to schedule a free strategy session and learn how we can help with your product injury claim by calling 714-497-2544 .