Post Sale Warnings and Recalls Lawyers
Locate a Local Products & Services Lawyer
What Are Post Sale Warnings and Recalls?
Post sale warnings are issued by manufacturers of products and are used to warn consumers of any design or manufacturing defect that affects a manufacturer’s product. The purpose of a post sale warning or a recall is to ensure that adequate safety measures are taken to protect the public from potential injuries that might occur due to a dangerous or defective product, such as automobile parts or strollers, if they are not properly warned.
When Should a Manufacturer Issue a Warning?
Generally, a manufacturer should issue a warning when several characteristics are apparent. These inherent characteristics include:
- Does the seller know the product has a design defect? If the manufacturer knows or has reason to know of any defects they are responsible for providing adequate post sale warnings.
- Does the risk outweigh issuing a warning? If the inherent risk of a product substantially outweighs the burden of issuing a warning the manufacturer has a duty to provide adequate warnings.
- Can the warning be adequately and effectively communicated? If the warning can be issued adequately and without substantial burden to the manufacturer, the manufacturer has a duty to issue a warning.
What If a Manufacturer Isn't Aware of a Defect?
A manufacturer that isn't aware of any design or product defect is generally not liable for any damages that might occur. However, an exception to that rule is if a manufacturer should have reasonably known of any defect, then the manufacturer will be held responsible for any injuries that might occur.
What Is a Recall?
A recall is different from a post sale warning in that manufacturers will require consumers to return the products they bought because those products are defective. If there is a recall, manufacturers will usually fix or replace the product that the consumer bought.
Do I Need an Attorney?
An experienced attorney will be able to help you make a decision as to whether or not you have a case regarding post sale warnings or recalls. On the other side, if you are a manufacturer or business owner, experienced attorneys can you help you protect yourself from product liability lawsuits.
Consult a Lawyer - Present Your Case Now!
Last Modified: 12-10-2015 11:10 AM PST
Link to this page