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They can be sued multiple times for multiple instances of the same injury type. This has been known to happen involving ADA accommodation & injury lawsuits wher
by neurotech1 11y ago
They can be sued multiple times for multiple instances of the same injury type. This has been known to happen involving ADA accommodation & injury lawsuits where a state contracted provider doesn't learn their lesson the first time. The original lawsuit specifies plaintiffs, injury and covered time period, and usually requests an injunction to "prevent" future injury. The original lawsuit is settled, but the provider fails to take reasonable action, and so a new lawsuit is filed. The second lawsuit is usually not settled on "modest terms".
The "hot coffee" lawsuit was well justified, as the burns were serious and McDonalds did not learn from previous instances.
Disclaimer: I'm not a lawyer etc. please ask your lawyer for legal advice.
- btilly 11y agoRight. The class action lawsuit is for all actions of the specified type over the specified period to members of the specified class who do not opt out. You do other wrong things, and you can get sued again. I would love to see more information about the terms for the second lawsuit. Certainly you hear about cases with large settlements. But you don't hear about the routine cases. I don't know the mix. That said, I do know that there are class action lawsuits which never really fix anything, no matter how many times they happen. As an example, consider printer ink. Every manufacturer has received class action lawsuits for their printers claiming to be out of ink when they are not. They have all settled them with coupons that are redeemable for amounts that are pretty meaningless. (About enough to cover one extra refill of ink.) Did behavior change? I currently have a printer that was purchased last year, sees only light use (every month or two we'll print a few pages), and which has claimed to have run out of ink twice. It is on my mind because the second time last week. I know that there is no way it actually used up the magenta ink. But it is currently unusable. And it works! No matter how bad my experience is, I'm not motivated to buy another printer because I have no reason to believe that any other consumer printer will be honest with me. And even with the printer lying to me, I simply don't do enough printing for it to be cost effective to buy an expensive printer that I would trust.