Procter & Gamble, or P&G as it is more commonly known, is a company with a long history of providing quality products to generations of American consumers. They have been curating and refining their brand for more than 180 years.
That establishes them as a reputable company that is responsive to its customers’ changing needs. Does that mean that they get it right every time?
Absolutely not! When companies drop the ball by manufacturing and marketing unsafe products, they jeopardize far more than their reputations. Consumers may be at risk of serious injuries or even death from unknowingly using tainted or dangerous products.
That’s what happened recently with P&G. Plaintiffs filed a class action lawsuit alleging certain aerosol products sold to consumers were tainted by the known carcinogen, benzene.
The company reached an agreement with plaintiffs wherein P&G will compensate claimants from an $8 million settlement fund.
What Products Were Contaminated?
The products subject to recall and sold to consumers nationwide from Nov. 4, 2015, to Dec. 31, 2021 included the following deodorants, aerosol antiperspirants, dry shampoos, dry conditioners, and body sprays:
- Hair Food
- Herbal Essences
- Old Spice
Those products are found in many American homes. It is quite likely that you could have bought and used the product and been exposed to cancer-causing benzene. If so, you can file a claim and receive your portion of the settlement.
What Is a Class Action Lawsuit?
Class action cases are useful when large numbers of claimants are involved. The court must also certify the case to have class-action status. While these cases can involve many claimants, the pay-outs are generally low because the funds are spread among so many.
Most Lawsuits Won’t Qualify for Class-Action Status
The majority of claims against companies manufacturing or marketing defective products that harm consumers are handled in civil courts. If the claim is relatively small, it could be litigated in small claims court. This saves a lot of money for the litigants and usually leads to a swifter resolution. That’s a win-win situation for sure.
Could Your Product Liability Case Be Filed in Small Claims Court?
Perhaps, depending on its value and other pertinent factors, e.g., jurisdiction. Using Ohio as a jurisdictional example (because P&G is based in Ohio), claims of $6,000 or less can be litigated in small claims court if there are no valid issues of improper venue.
Can You Successfully Litigate Your Own Small Claim?
Maybe. Some people do. But far more get overwhelmed trying to navigate the unfamiliar legal shoals that can complicate even small claims court cases.
Unless you have a legal background, you might not realize that a demand letter must be mailed to the potential defendant before a lawsuit is filed. That letter also must be sent certified, return receipt requested.
What Happens When Defendants Don’t Settle?
The demand letter should spell out the terms of any resolution by clearly stating the amount that’s owed and the acceptable time frame for payment to be tendered. It must also be addressed to the right individual.
If the parties cannot reach accord, the plaintiff notifies the defendant of their intent to sue for damages and costs. That petition must then be served on the registered agent for service of process.
It can be more than the average consumer wants to tackle if they want to prevail.
There’s An Easier Way
The law is complex and frequently in flux. Save time, money, and frustration by allowing reasonably priced Dispute to draft and mail your demand letter. If necessary, we can help generate a petition for you to file in the small claims court with jurisdiction over the matter.