If You Are Injured By A Product That’s Been Recalled

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Product recalls are evidence

Consumer safety is a paramount concern in our modern world, where an array of products surrounds us, enhancing our lives and simplifying daily tasks. However, occasionally, these products may pose unforeseen risks to our health and well-being due to defects or design flaws. Product recalls are an unfortunate reality of modern life. Every year, millions of products are recalled due to safety defects. These defects can cause serious injuries or even death. When a product defect causes harm to a consumer, the injured party may have legal grounds to pursue a personal injury claim against the manufacturer, distributor, retailer, or other entities involved in the product’s supply chain. A product recall can be used as evidence in a personal injury lawsuit. So what should you do if you are injured by a product that’s been recalled?

What is product liability?

Product liability is a legal theory that holds manufacturers, distributors, and retailers responsible for the injuries caused by their products. There are three main types of product liability:

•  Design defect: A product is defective in design if it is unreasonably dangerous when used as intended.

•  Manufacturing defect: A product is defective in manufacturing if it does not conform to the manufacturer’s specifications.

•  Failure to warn: A product is defective due to a failure to warn if the manufacturer does not adequately warn consumers of the risks associated with the product.

What is a product recall?

Product recalls serve as a vital safety mechanism that manufacturers, distributors, and regulatory bodies employ to address issues related to faulty or hazardous products. A product recall occurs when a company or regulatory agency becomes aware of a significant safety concern regarding a product, leading to its removal from the market or a request for consumers to return the product for repair, replacement, or refund.

While recalls can encompass a wide range of products, including vehicles, electronics, toys, and food items, their common objective is to prevent personal injuries and potential fatalities resulting from these products use. The impact of product recalls is not only limited to individual consumers but extends to the broader community, as unsafe products have the potential to cause widespread harm.

The Consumer Product Safety Commission (CPSC), or another government agency. initiates many product recalls.

Some examples of product recalls

  • Automobile Airbags
    The automotive industry has witnessed several high-profile recalls due to defective airbags. The airbags deployed with excessive force, leading to shrapnel injuries and fatalities. Companies initiated recalls to replace the faulty airbags and mitigate potential harm.
  • Children’s Toys:
    Toys containing small parts that pose choking hazards to children have led to recalls to prevent tragic accidents. Manufacturers and retailers have a responsibility to ensure that the products they sell are safe for their intended users. In 2019, Fisher-Price recalled its Little People Puppy Dog Pals playset due to a choking hazard.    
  • Medical Devices:
    Defective medical devices, such as hip implants or pacemakers, can have severe implications for patients’ health. Recalls in the medical field are critical to ensuring patient safety and preventing unnecessary harm. For example, in 2010, Johnson & Johnson recalled its DePuy Orthopaedics ASR hip replacement system due to a high rate of complications.
  • Food: 
    Food recalls can occur due to a variety of reasons, such as contamination with bacteria, allergens, or other harmful substances. For example, in 2018, Pepperidge Farm recalled its Goldfish crackers due to possible salmonella contamination
  • Vehicles: 
    Some recalls are the result of faulty brakes, defective airbags, or problems with the electrical system. In 2015, Toyota recalled millions of vehicles due to a problem with the accelerator pedal that could cause the car to accelerate unexpectedly.
  • Cosmetics: 
    Contamination with bacteria or other harmful substances, or incorrect labeling lead to cosmetic recalls. L’Oreal recalled its Maybelline Super Stay Ink Crayon lipsticks due to reports of the lipsticks melting and causing burns in 2019.

How does a product recall affect personal injury claims?

The recall can help to establish that the product was defective and that the defect caused your injury.

However, it is important to note that a product recall does not automatically mean that you will be successful in your lawsuit. You will still need to prove that the manufacturer was negligent in designing, manufacturing, or marketing the product.

What should I do if I am injured by a recalled product?

You should take the following steps If you are injured by a recalled product:

Document the Injury:
First and foremost, make sure you have accurate and detailed records of the incident and resulting injuries. This could include photographs of the product, your injuries, the scene, and any relevant documents like receipts, manuals, or packaging.

Seek Medical Attention:
If you’ve sustained injuries, your health and well-being are the top priority. Seek medical attention immediately to assess the extent of your injuries and to create a medical record of your condition.

Preserve the Product:
Preserve the product in question as evidence, if it’s safe to do so. Do not alter or modify it in any way, as this could impact the credibility of your claim.

Collect Information:
Gather as much information about the product as possible, including its name, brand, model, serial number, and any relevant manufacturing or purchase information. Also, document where and when you purchased the product.

Keep Records:
Maintain a detailed record of all communications, medical bills, receipts, and any other relevant documentation related to the incident and your injuries. This will be crucial in building your case.

Contact the appropriate parties

Report the Incident:
Depending on your location, report the incident to the appropriate authorities. This might include consumer protection agencies, the Consumer Product Safety Commission (in the U.S.), or other relevant government bodies.

Contact the Manufacturer:
Reach out to the manufacturer of the product to inform them of the incident. This could help in addressing the issue, as well as provide a record of your complaint.

Consult Legal Counsel:
If you believe you have a legitimate claim, consider seeking legal advice. Consult an attorney who specializes in personal injury or product liability cases. They can provide guidance on whether you have a case and what steps to take. If your injuries are substantial and you believe the product’s design, manufacturing, or labeling was defective and directly led to your injury, you might consider pursuing a lawsuit against the manufacturer or other relevant parties.

Contact Consumer Protection Organizations:
Depending on your country, there might be consumer protection organizations or agencies that can assist you in navigating the process of reporting the incident and seeking compensation.

How can I stay informed about product recalls?

There are a few ways to stay informed about product recalls. You can:

Visit the Consumer Product Safety Commission website.

Sign up for email alerts from the CPSC.

Follow the Consumer Product Safety organization on social media.

Read your local newspaper or watch the news.

By staying informed about product recalls, you can help to protect yourself and your family from harm. Product recalls not only mitigate the risk of personal injuries but also underscore the importance of manufacturers taking proactive measures to ensure the safety of their products.

So what should you do if you are injured by a product that’s been recalled?

If you have been injured by a product that’s been recalled, you should not hesitate to seek legal help. An experienced attorney like Amil Minora Law can help you understand your legal rights and options and fight for the compensation you deserve.

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