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A product recall happens when a company removes a product from the market because of potential harm to consumers. Recalls usually occur when a product has a defect, violates safety standards, or causes injuries. Companies can issue recalls voluntarily or under orders from government agencies like the Consumer Product Safety Commission or the Food and Drug Administration. Recalled products commonly include cars, food, electronics, or medical devices. Companies often offer refunds, replacements, or repairs for recalled products.
Your Rights as a Consumer
You have certain rights as a consumer if a product recall affects you. Companies must notify you about recalls and provide clear instructions on what to do. You have the right to receive a replacement, repair, or refund for the recalled product. You also have the right to report unsafe products to government agencies, such as the Consumer Product Safety Commission.
You have the right to take legal action and pursue compensation for your injuries or losses if a defective product caused you harm. Product liability laws allow you to file claims against manufacturers, distributors, or retailers. These claims allow you to recover money for your medical expenses, income losses, and other losses related to the recalled product.
Legal Grounds for Product Liability Claims
Product liability claims allow consumers to hold manufacturers, distributors, or retailers responsible for harm caused by defective products. To file a claim, you must prove that the product was defective and that the defect directly caused your injury or loss. There are three common legal grounds for these claims:
- Design Defect: A design defect occurs when a product’s design is inherently unsafe, even when the item is used as intended. This type of defect affects all manufactured units of the product, making the entire line dangerous.
- Manufacturing Defect: A manufacturing defect happens when a product becomes unsafe due to an error during the production process. Unlike design defects, this type usually affects specific units rather than an entire product line.
- Failure to Warn: This type of defect arises when a company fails to provide adequate instructions or warnings about a product’s risks. For example, if a chemical cleaner lacks instructions about proper handling or protective gear, users could suffer injuries.
You do not need to prove that a company acted negligently to bring a successful product liability claim. These cases focus only on whether the product was defective and caused harm.
Steps to Take If You Get Hurt by a Recalled Product
If a recalled product injures you, you should take immediate steps to protect your health, rights, and ability to seek compensation. Here’s what you can do:
- Prioritize your health by seeking immediate medical care and keeping thorough records.
- Do not throw away or repair the recalled product. Keep it as evidence to show the defect.
- Take photos of your injuries and the product, and write down details of the incident.
- Report the injury to the manufacturer or retailer and follow any recall instructions.
- File a report with the Consumer Product Safety Commission or the Food and Drug Administration to document your case and alert others.
- Consult a product liability lawyer to understand your options and assess your claim.
Contact a Product Liability Lawyer Now
A product liability lawyer can evaluate your case, explain your options, and demand the compensation you deserve for your injuries and related losses. If a recalled product has harmed you in Syracuse, New York, contact CDH Law PLLC, today. Our team will conduct an initial consultation to listen to your story and determine whether you have a case.