When you buy a product from a store, you expect that item to do what it’s intended to do–not injure you. Defective products injure thousands of consumers every year, and unfortunately this happens across industries, from automotive, to medical devices, to children’s toys, and more.
But what happens when you injure yourself using a product that was recently recalled? Below, our defective product attorneys explain how product recalls work and their relationship to product liability lawsuits.
How Does a Product Recall Work?
Typically, when a manufacturer becomes aware of a defect or design flaw in one of their products that might put the safety of consumers in danger, they will issue a voluntary recall. The recall should include contacting distributors, sellers, and known purchasers of the product directly. In the cases where manufacturers don’t issue a recall themselves, the Consumer Product Safety Commission (CPSC) and Food and Drug Administration (FDA) may ask the manufacturer to do so.
Recalls & Product Liability: Who is Liable?
Under New York State law, product liability lawsuits typically arise out of one of three types of claims:
- Defective design
- A manufacturing flaw
- The failure to warn a consumer
In product liability lawsuits, the injured party aims to prove the manufacturer, seller, or distributor liable for economic damages related to their injuries. Product liability lawsuits become more complicated when a manufacturer’s recall is involved.
Does a Product Recall Prove Manufacturers are Guilty?
While a product recall can sometimes be used as circumstantial evidence to show that a product defect existed, it does not necessarily prove manufacturers guilty. In order to prove fault, the injured party must still prove that the product in question was defective and the defect caused their injuries.
Does a Product Recall Make Manufacturers Immune?
A product recall does not act as a waiver to protect the manufacturer or get them off the hook. In order to avoid liability after a recall, manufacturers must prove the injured party was aware of the recall before using (and injuring themselves with) the defective product. To prove this, manufacturers must prove the plaintiff received direct notice of the recall–a broadly publicized recall is not enough.
Injured By A Product That Was Recently Recalled? Contact our Albany Defective Product Lawyers Today!
Defective product cases involving recalled products can be tricky to navigate. That’s why finding a lawyer that is well versed in defective product and personal injury cases is key if you hope to pursue compensation for the injuries and damages caused by a recalled defective product.
If you or a loved one suffered personal injury as a result of a manufacturing flaw or defect, a design flaw or defect, or due to a product not having adequate instructions or warnings, please contact us for a free consultation. With offices in Albany, Saugerties, and Johnstown, our defective product attorneys can help. Call us at (800) 721-3553 or contact us online to set up a free case review.
Looking for additional legal insight regarding personal injury cases? The following resource is a good place to start:
How Much is My New York Personal Injury Case Worth? – There are a number of factors that influence how much a personal injury case is worth. Learn about the factors that impact the value of a personal injury case following a serious car crash or defective products accident.
How to Decide if it is the Time to Bring a Lawsuit – It can be tough to know when it’s the right time to move forward with a lawsuit. Review our list of four important factors that will impact your decision.
Will My Personal Injury Case Go to Trial? – Want to pursue compensation but don’t want to go to trial? Rest assured, trial is not the only way to settle a personal injury case. Find out how cases are settled outside of court so you understand your options as you seek compensation for your injuries.
