Tunghsing victims consider class action

Lawyers yesterday said a class action against the contractors of Taipei's Tunghsing Building (東星?j樓) may be the best option for residents of the complex that collapsed during the 921 earthquake, but questions surround the applicability of the class action law in the case.

A group of lawyers gathered to offer legal advice to former residents of the building at a briefing held by Taiwan's Consumers' Foundation yesterday at Taipei's Sungshan district administration center.

During the two-hour meeting, lawyers said class action, which is a lawsuit brought by a group plaintiff with the same complaint, against constructors of the building under Taiwan's Consumer Protection Law may best benefit these quake victims.

Citing articles in the law, Joann C.H. Su (蘇錦霞), secretary general of the foundation, said a consumer group, such as her foundation, may bring suit once 20 persons whose claims arise from the same circumstances assign their claims to the group.

Su also said this legal option would save them money and time.

"If we can succeed in launching a class action, I can guarantee that you won't need to spend a penny," Su said.

The law also states that a consumer group bringing its own action with claims over NT$600,000 need not pay court fees, Su said.

"In addition, lawyers entrusted by the foundation to handle the case are not allowed to charge fees," Su said.

"The only expense will be the lawyers' transportation and document preparation. But the cabinet-level Central Protection Commission had agreed to subsidize quake victims in this regard," Su said.

Su also said while an individual as a plaintiff is required by law to appear in courts every time, individuals who entrust a group to launch a class action don't.

But lawyers admitted that there is still uncertainty over the applicability of the law to the Tunghsing case since the product -- the building -- was completed before the law came into effect in January 13, 1994.

Class actions are being considered in Taipei County, Taichung County and City in cases where many housing complexes completed after 1994 were reduced to rubble in the 921 quake.

But Chiang Chih-chun(姜志俊), chairman of the foundation, offered another argument.

He said the building collapsed after the law had gone into effect, therefore making the law applicable.

Another legal option, lawyers said, is for residents to request compensation from the building's constructors following related articles in the Civil Code.

Under the Civil Code, consumers can bring private actions for negligence in product liability cases.

The cost and time involved, however, would discourage those actions, lawyers admitted.

But further discussion is still necessary before a best option can be concluded, lawyers said.

"Since the enactment of the Consumer Protection Law, nobody has ever launched a class action yet. So neither the court nor legal circles has absolute answers for such an action," Su said.

Cheng Wen-lung (鄭?敻s), a lawyer from the Taipei Bar Association, said he wanted to encourage these quake victims to continue to file their compensation law suit. but at the same time conceded that bringing the suit "can be a tedious process."

"But now that we are here to form a well-intentioned team to help you, we'll choose the best venue to help you solve the problems," Cheng said.