Product recalls are requests by manufacturers to have a product, such as a stroller or a Segway, pulled from sales shelves and returned, usually for a refund or a similar product exchange.
This is done in cases where the manufacturer believes that the product poses a health or safety risk to consumers. By doing so, the manufacturer attempts to avoid violations of product safety laws while also decreasing potential legal action for products liability injuries.
When Are Product Recalls Issued?
Product recalls are usually directly related to concerns regarding defective products. That is, most recalled products are called back because they are defective in some way. A product can be recalled due to:
- Manufacturing Defects - A defect in manufacturing is present where the product was produced or manufactured in a way that caused it to be dangerous, such as when a part was not installed correctly on the assembly line.
- Design Defects - Design defects are present where there are dangers or safety risks present merely by the design of the product, such as a child’s toy that was designed with a dangerously sharp edge.
- Warning Label Defects - A warning label is defective when it is missing, too small to read, misleading, or hard to understand.
What Types of Products Are Commonly Recalled?
Certain categories of consumer products are subject to frequent recalls. Basically, these include products that pose a higher potential risk of injury, although any product can be subject to a recall. For instance, the following categories often experience recalls:
- Food and drugs
- Cars and car-related parts/products
- Cosmetics, shampoos, soaps, and skin products (these often pose injury risks)
- Children’s toys and products
- Tools, hardware, and electronics
- Furnaces with carbon monoxide leaks
What If I Was Injured by a Product before It Was Recalled?
In most cases, a product recall can greatly reduce the liability of a manufacturer, especially if a consumer knowingly continues to use a product that has been recalled as dangerous. However, it is sometimes still possible to recover damages even after a product has been recalled.
If you have been injured by a product that has not been recalled, you should file a report with the manufacturer and inquire about compensation. If the case is serious enough, you may need to file lawsuit for damages.
Should I Hire a Lawyer for Help with a Product Recall Lawsuit?
Consumer product injuries comprise a large percentage of the personal injury cases filed each year. You may wish to hire a personal injury attorney in your area if you need help filing a legal claim due to a defective product. Your lawyer can help determine whether a product has been recalled or not, and can provide you with legal advice and representation if you need to file a lawsuit.