By Joe Fantini February 10, 2025

You may consider filing a product liability lawsuit if a defective product has injured you. However, what if you are not the only one injured by the product? In that case, the product manufacturer may face mass tort litigation from numerous injured parties.

What Are Mass Tort Cases?

A tort is conduct that causes harm or injury to someone. The party who caused the injury can be held financially liable for the victim’s damages. A mass tort is conduct that injures or harms numerous people.

A variety of personal injury cases could give rise to mass tort claims. For example, a mass tort may involve an environmental issue such as groundwater contamination. A man-made disaster or exposure to a toxic substance could give rise to mass tort litigation.

However, one of the most common reasons for mass tort cases is product liability claims. A defective or dangerous product causes injury to hundreds or thousands of people. The injured parties file lawsuits seeking damages. Types of product liability claims include:

Mass tort cases should not be confused with class action lawsuits. The two types of product liability litigation have distinct differences that make mass tort litigation preferable in product liability cases.

Mass Torts vs. Class Action Lawsuits for Product Liability

Mass tort cases and class action lawsuits can cover the same types of claims, including personal injury, medical malpractice, and product liability. The key differences between mass tort cases and class action lawsuits for product liability are the legal proceedings, control, damages, and individual claims.

Class Action Lawsuits

A class action lawsuit is a legal proceeding where one or several individuals file a lawsuit on behalf of everyone within the class. The “class” consists of people similarly affected by a defective product. Each person’s experience shares common facts and legal issues.

A drawback of class action lawsuits is that the case’s outcome binds all class members. Therefore, if the plaintiffs agree to a settlement, the settlement terms are binding on all class members, and a jury verdict in the case is binding on all members.

The class members divide the judgment or settlement funds. Therefore, payments for damages may be lower in class action lawsuits because the plaintiffs are treated as a single party with a collective claim. Class action members have very little control over how the case is handled.

Mass Tort Cases

Mass tort cases also involve large numbers of people who have suffered similar injuries because of the same product. However, the injured parties have unique circumstances and injuries that can vary significantly. Therefore, the facts of each case could impact the outcome of the case.

For that reason, mass tort cases are treated as individual claims, even though they may be grouped together as multi-district litigation for discovery and pre-trial proceedings. When it comes time to try the cases, each case is tried individually with a different jury.

Because mass tort cases are tried individually, plaintiffs often receive higher settlements and verdicts than class action members. The settlement or verdict is based on each case’s specific facts and circumstances. The plaintiffs have control of their case and can make decisions regarding settlements or trials.

Grouping the cases together for some of the legal proceedings reduces the time and cost of pursuing each claim. Since the evidence and information regarding the defective product are the same, the parties share in the expense of preparing for trial.

A Mass Tort Attorney Can Help You With a Claim

If you believe you have a product liability claim that could be a mass tort, you should talk with a mass tort lawyer. Mass tort attorneys usually offer free consultations to review claims. If you have a claim, a lawyer can explain your legal options and the steps you need to take to proceed with a mass tort case.