How Defective Product Injury Cases Are Affected by Recalls
When a product is determined to be defective, the manufacturer may issue product recalls, either because they discovered the defect or a governmental agency discovered it and ordered the recall.
But what happens if you have already been injured by a product that was later recalled due to a defect?
Are you still eligible for a defective products injury claim against the manufacturer?
Under the law, a manufacturer is responsible for any injury caused by their products and can be sued by someone who was injured by the product. If the product was recalled due to a defect that makes it dangerous or if the manufacturer did not warn of the possibility of injury while using the product, you may be able to file a civil claim for your injuries.
Not only is the manufacturer liable for your medical bills, but you may also be compensated for lost wages, pain and suffering as well as other costs incurred as a result of the product defect.
How Product Recalls Work
Consumers report defective product injury to the manufacturer and to governmental agencies. If there are a significant number of injuries reported under similar circumstances, it may be determined that there is a defect in the product.
In most cases, the manufacturer issues a voluntary recall where they will either make repairs to correct the product defect or will replace the product at no charge to the consumer.
They normally mail notices regarding defective products to consumers who have registered ownership of the product, send press releases to news agencies and post notices on websites to inform those who may be affected of the potential for product defect injury.
Not Automatic Liability
Just because a manufacturer recalls a product does not mean that they are automatically liable for any injuries.
Courts may use evidence of the recall to demonstrate that the product was defective, but you must still prove the elements of the case. This includes proving that the product that injured you was defective and that it was the defect that caused your injury.
The manufacturer may not use the recall as a way to avoid claims against them for injury.
The manufacturer must prove that the injured party received notification of the recall prior to their injury or that they were adequately warned that the product could cause the injury.
If you or a loved one have been injured by defective products that were later recalled, you may eligible for a personal injury claim against the manufacturer.
Contact Lundy Law today to learn what rights you may have under the law. You can arrange your initial consultation by calling 1-800-Lundy Law or completing the easy query form on our website.