Once you have decided to file a claim due to exposure of RoundUp herbicide, it is important to consider which claim in particular you are going to aim for. Depending on your personal circumstances, this answer might be straightforward, while at other times it can be more difficult to judge.
This article aims to help you uncover the various types of eligible claims you can file for, as well as help guide you in the right direction with regards to mass tort lawsuits, and how they can affect your different claims.
Wrongful Death Claims
If you have lost a family member due to their use of RoundUp, or if you yourself is suffering from a terminal illness, it would most likely fall under a wrongful death claim.
These types of claims are among the most serious on our list here, and due to the severity of the effects of RoundUp, they can also be the most beneficial to pursue, when it comes to settlements, compensation, and a sense of justice.
There is however a burden of proof, where plaintiffs must demonstrate a causation between RoundUp exposure and the illness that ultimately leads/led to the death of an individual affected.
Close family members are able to file these claims on behalf of a deceased individual, such as spouses, children (including adopted children and stepchildren), parents, or even in some cases siblings.
Filing a claim related to false advertising means alleging that the company has made misleading statements, represented the product in a false manner, or otherwise deceived consumers of RoundUp herbicide in a significant way.
One of the primary reasons for such claims is the failure of the company to disclose the potential dangers and harmful effects associated with their product.
In the specific case of RoundUp, there already exists a series of claims alleging to the risks revolving around the main ingredient, glyphosate, and how it has been linked to different health concerns, such as cancer.
This type of claim is somewhat similar to the aforementioned example, but a consumer fraud claim alleges that the company deliberately misrepresented the safety, efficacy, or other qualities of RoundUp through its advertising, marketing materials, product labels, or promotional statements.
These practices may also include withholding or concealing critical information. Typically this claim will need plaintiffs to demonstrate that consumers relied on the deceptive practices of the manufacturer and suffered harm as a result.
Breach of Warranty
In some cases, the best approach to seeking compensation and justice might be by claiming a breach of warranty. In the case of the RoundUp incidents, this might be due to the fact that the manufacturer has failed to fulfill its obligations under the warranty associated with the herbicide.
A prominent lawsuit was recently settled in March of 2023, where the defendant, Monsanto, agreed to pay $45 million in a settlement due to false advertising and breach of warranty claims.
When deciding to claim for a breach of warranty, the plaintiff must decide whether the defendant broke their express warranties, ie. explicit guarantees, or the implied warranties, ie. the guarantees as presumed by law.
Getting Professional Help
When it comes to deciding the specific type of claim, and how to present it to the legal system, having an experienced partner such as Shamis & Gentile P.A., at your side can be a huge benefit.
If you or your immediate family member has been impacted by the use of RoundUp weed killer, we are here to assist you in obtaining the compensation you deserve. Together, we can work towards obtaining justice for the financial burden, pain, and loss you have endured.