No Harm, No Foul — But Lawsuits, Sure

By August 27, 2007Briefly Legal

Following up on the post about lead contamination immediately above, it should be noted that trial attorneys don’t have to wait for any actual harm to occur before suing. The mere possibility of health damage prompts a potential class-action suit being filed in California. The lawyer in this case is Jeffrey Killino of Philadelphia, one of your usual tort suspects, who says the class could number in the millions. From The Legal Intelligencer:

The complaint in Powell v. Mattel says that the potential class is not seeking any damages for personal injury. The causes of action are based on theories of strict product liability, negligence and violations of the business professions code of California, according to the complaint. The Monroe case alleges only negligence.

“The only reasonable way to determine whether plaintiffs and the class members have suffered lead poisoning is to have them undergo preventative medical screening and monitoring, including but not limited to blood tests,” according to the Powell complaint.

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