How a Recall Affects a Defective Product Injury Claim
If you are injured while properly using a product, you may have a defective product liability claim. Anything tangible that you buy and use can be called a defective product if it is faulty. Examples include household items, medication, electronic articles and appliances, baby products, motor vehicles, medical devices, toys, and computers.
Manufacturing defect, defective design and inadequate warning or alert regarding the use of a product can make a product defective.
When a manufacturer recalls a product, the rules of defective product injury and claim, change.
What is a Product Recall?
A product recall involves a manufacturer who decides to withdraw a product from the market after the discovery of a defect or a safety issue. Companies either do this voluntarily or it can also happen as a result of a government investigation. The manufacturer will usually replace the product or compensate the consumer if it cannot be replaced.
What is your recourse as a consumer who has suffered injury/loss from a defective product that was recalled later?
Let’s examine …
You Still Need To Fight!
The manufacturer of a product that has caused you injury has recalled the product. But this doesn’t make the manufacturer automatically liable for injuries. As a plaintiff, you will be required to prove with evidence that the particular product was defective and has caused you harm.
There could be circumstantial proof of a recall showing that the defects you are alleging existed when you got injured. But you’ll still be required to bring direct evidence, for example, witness testimony, photos of the original product, etc.
A Manufacturer Can’t Hide behind the recall
The manufacturer of a defective product cannot use a recall as an excuse to defeat any claim brought against the product. A manufacturer needs to prove that you as a plaintiff had received a direct notice of the recall giving adequate warning of the dangers of using the particular product that has injured you. Just a broad recall issue without ‘successful efforts’ to bring a direct recall notice to you is not enough. Lastly, the manufacturer can’t make a distributor/seller a scapegoat for not providing the recall notice directly to the purchaser. If you have been severely injured due to any defective product that has been the subject of a recall, you may be entitled to compensation.
Litigation can help you recover all your medical expenses, lost income, reduced earning capability and even other losses like mental trauma, pain, suffering, emotional distress.
Plaintiffs recover million dollars of compensation each year. Of course, the recovery amount of your claim will depend on the extent of your injuries/losses and the liability of the defendants.
You can safely contact defective products lawyers at Burton Law Group. The firm’s defective products lawyers have years of experience in handling products liability cases.
Call for a FREE CONSULTATION from a defective products attorney at Burton Law Group. Although no defective product lawyer can guarantee you a monetary advantage, an experienced lawyer from Burton Law Group will be glad to discuss the possibilities of your case during your initial free consultation.