I had an injury accident on a 4 wheel scooter of a type which is being used by thousands and has a basic design defect of a nature that certain faults create a scooter with NO brakes. Owners manuals do NOT warn of this possibility. I was going down a hill backwards and had to "dump" the scooter before I gained too much speed. although my injuries were painful, I am worried about those who cannot take the action I took. Need an outside source to investigate.
Products liability cases are expensive because they require expert witnesses. Unless you sustained significant injuries, it may not be cost effective to pursue.
Class action litigation requires a number of similarly situated plaintiffs. And I'm not certain whether going down a hill backwards is a foreseeable misuse, which would be a legal requirement for any recovery by you.
SEE THE LINK BELOW TO AN ARTICLE ON CLASS ACTION CASES.
Class actions require multiple plaintiffs’ that were injured by the same product due to the same defect. You can contact a class action lawyer; however be prepared that because you were not seriously injured that it may be difficult to find someone to take your case, let alone name you as the class representative.
As an alternative to attempting to initiate a class action, you can access regulatory agencies in California and the U.S. to make a formal report and complaint about an unsafe product. Here is the link for complaining to the U.S. Consumer ProductSafety Commission: http://www.cpsc.gov/
You retain an attorney, who then files a complaint just like any other kind of lawsuit. Class actions are complex and you have to jump through many hoops, including asking the court to "certify" the class.
You need to speak with a qualified attorney. You will be hard pressed to certify a class of injured people. The type of litigation you've described would not be a class action, it would be more accurately categorized as a coordinated proceeding, which is generally referred to as a Mass Tort.
