A Festiva Resort class action lawsuit is filed by a former client who is suing the company on the basis of negligence. The class action lawsuit was filed in the U.S. District Court for the Northern District of California. The case was initially filed in a California state court but was later transferred to the federal court after it received the supplemental certification. According to the complaint, the Festiva was one of the leading ski and snowboard equipment manufacturers in the world. They supplied materials to all of their clients including leading brands such as Sale, Aetna, Prana, and others. However, the complaint says that they were aware of the hazard posed by lead and did not do enough to stop using it.
Festiva Resort Class Action Lawsuit
The main charge against Festiva is negligence due to their use of lead in the manufacture of their products. It is important to note that lead is a toxic substance. It causes anemia, vomiting, fatigue, nausea and other similar symptoms in individuals exposed to high levels over a long period. Some of the other common illnesses, which can occur from long-term exposure to lead are nervous system damage, cancer, and coma. In addition, even low levels of lead can cause learning and behavior problems in children.
While it is unclear what caused Festiva to use lead, one of the possible reasons could be that the company did not test their products for lead content before selling them to consumers.
If this is true, then this is a very big issue. One other possible reason is that a test was never done on the resort’s water at all. This would be considered very poor judgment on the part of the management. The bottom line is that no one can know exactly how much lead was present prior to sale without doing an independent test on the water.
The class action lawsuit further states that the defendant failed to warn their customers that lead can be present in the atmosphere of the resorts at all.
Again, this is very unfortunate, and I sincerely hope that there was never any evidence of lead in any of the drinking fountains or in any of the other products used by the resort. Again, if this was the case, this would greatly reduce the amount of damages that the plaintiffs can seek to recover.
During discovery, plaintiffs discovered that there were in fact lead particles in various areas of the earth in the air, soil, and water.
This information came as quite a shock to the management, as they had previously concluded that there was no trace of lead in any of their products. Apparently, this was due to a false impression that the presence of lead in the atmosphere was insignificant and therefore did not present a danger to employees or guests. If this is the case, it would greatly reduce the potential value of the class action lawsuit. If the negligent parties had admitted to the presence of lead in their products, but didn’t try to mitigate the risk through production, distribution or storage control, then this would have been an additional area in which the case would have been much stronger.
It is my contention that these negligence issues will largely be lost as most owners and operators of Festiva Resorts are sophisticated industrial companies with sophisticated attorneys.
As such, it is unlikely that they will place their stockholders at risk by being unable to keep their product lines clean and safe. In my opinion, a class action lawsuit will almost certainly not be successful, as few individuals have direct experience of having their life exposed to lead. However, the attorneys who represent these individual plaintiffs will certainly bring home a victory for their clients.