Case types: Mass Tort

Catastrophic accident mass torts often relate to industrial accidents, such as chemical spills, explosions, water contamination and pollution. They also may be the result of transport accidents, such as train derailments or aircraft crashes. The crashes of two Boeing 737 Max jets in 2018 and 2019, which killed 364 people, is a notable example of a catastrophic accident that has led to a large amount of group litigation from families of victims, shareholders, and others affected by the accident.

Consumer products and product liability is one of the biggest categories of mass torts and many mass torts of other categories have product liability aspects to them.

The most high-profile current type of product liability mass tort is almost certainty relates to motor vehicle defects. Faulty airbags, brakes, seatbelts, seats and tires have all led to mass litigation. It is the sort of claim that may well be better served by a mass tort than a class action as the same defect might have caused distress to one claimant and death to another.

All industries and businesses that make a product or machine sold to consumers are within the scope of a product liability mass tort lawsuit, from toys to firearms and from medical devices to recreational products.

A good example of a current product litigation mass tort is 3M combat arms earplug litigation. There are more than ten active trials brought by current and former members of the armed forces who claim that undetected design faults caused them ear damage.

Another common category of mass tort is disputes stemming from damage done by food, agriculture and nutritional products. This incorporates claims arising from the use of pesticides, genetically modified crops, supplements and additives. Targets of such lawsuits include agriculture businesses, international food and beverage giants, and national and international restaurant chains.

Mass torts and class actions in the category have also been based on product labelling. Typical litigation might target a product labelled as “natural,” “additive free,” or “fat free.” Pet food, pet treats and animal fodder, as well as products consumed by humans, are also potential sources of claims.

Current notable mass torts going through the US system include damage done to teenagers using e-liquid cigarettes, and litigation over toxic heavy metals in baby food.

A toxic tort refers to injuries to plaintiffs caused by toxic substances. A classic example of a toxic tort is groundwater contamination that might affect a street, a neighbourhood, a city or a region. Spilled chemicals and toxic industrial by-products also have the potential to lead to a toxic mass tort.

The PFAS chemicals litigation, relating to a family of chemicals that have been used since the 1940s, is a good example of a current and long-running toxic tort. Another is the continued litigation over the use of weedkiller Roundup.