چکیده:
Sometimes numerous persons are harmed by harmful act or acts, such as exposure to toxic substances or by a manufacturer using harmful substances in his products. If the harmed persons want to file a claim for damages and be investigated individually, the result of the Individual litigation is that they must prove harmful act, loss-making and causality between the two, and this sometimes leads to a reluctance to file a claim. Also The speed of investigate has slowed and burden costs to the judiciary. A lawsuit has been filed against such cases as "Mass Tort" in the United States. This lawsuit where judicial authorities acknowledge the need for special judicial management and resolve it by choosing the appropriate approach. This article examines this lawsuit and explains its dimensions in the United States of American’s law and then, has been examined the status of dealing with these lawsuits in the Iranian legal system. As a result, in the US judicial system, judicial authorities choose from a variety of approaches and resolve these lawsuits, and there is no solution in the Iranian legal system to deal with these lawsuits, whether class actions or consolidation, and development of appropriate solutions must be considered by the legislator.
خلاصه ماشینی:
A Study of Liability Claims Arising from Errors Causing Mass Torts in American Law; A Reflection on the Legal System of Iran Hamid Kabiri Shahabad* Assistant Professor of Private Law, Department of Law and Political Science, Yazd University, Yazd, Iran Received: 12/18/1398 Accepted: 06/01/1399 Abstract Sometimes, as a result of an act or acts that cause harm, many individuals suffer loss, such as when a large number of people are exposed to a toxic substance or a manufacturer uses harmful materials in their products.
For this reason, special judicial management is required for these claims, which has led to the creation of a type of lawsuit under the title "Mass Tort" in United States law; this is considered a powerful form of litigation in this country's judicial system at both the state and federal court levels and is an expanding field (Rheingold, 2017, p.
The reason all potential plaintiffs take action to claim their damages is also the existence of methods that, based on the efficiency policy, accelerate the resolution of cases in mass tort liability claims in court and thus encourage plaintiffs to file lawsuits.
In the American judicial system, some believe that in mass tort liability claims, using individual and independent proceedings for each victim is the only way to ensure fair proceedings in accordance with legal formalities; however, individual proceedings for all issues raised in this type of claim may be impossible in the presence of a single judge; therefore, when faced with the registration of a large number of lawsuits with similar subjects, courts have moved past individual proceedings and turned to other case management approaches (Rheingold, 2017, p.
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