• Sep
    Posted in:
    Posted by: Jarve Kaplan Granato Starr

    Are Defective Products Always Recalled?

    Consumers rely upon the good intentions and ethical standards of the companies that make and market the products they purchase, as well as the protections provided by the U.S. Consumer Product Safety Commission (CPSC). When things work the way that they are supposed to, as soon as consumers indicate that a product is potentially harmful, the manufacturer and the agency collaborate and take appropriate action. The CPSC may issue a government recall or the manufacturer may issue a recall voluntarily, with the agency taking action to publicize and facilitate the return or disposal of the product and compensation for the consumer.

    These idealized versions are, unfortunately, not always the case. All too often a manufacturer will become aware of a defect and fail to remove it from the shelves until they are ordered to. When injuries result from a defective product, these companies are then confronted with the natural result of their failure to respond: Instead of losing money on a recall action, they end up having to pay compensation to victims for the damages that they suffered.

    Personal injuries stemming from defective products can lead to product liability lawsuits whether a product has been recalled or not, though when a company takes action to remove a product from the shelves or to issue warnings against improper use, claims of negligence may be more difficult to prove. This is because defective product recalls and warnings of a product’s dangers are specifically meant to help consumers avoid being hurt. Failure to heed these warnings assumes an assumption of risk and may be used as an indication of contributory negligence, thus reducing the amount of compensation that a jury is likely to award.

    There are several different ways that recalls can be administered. Manufacturers can voluntarily issue recalls or the CPSC can issue a government recall without the cooperation of the manufacturer. In those cases, the agency will notify all involved in the supply chain, from the manufacturer through the retail seller, in order to make sure that the broadest swath is made aware and notifies the public. These notifications are important, as a manufacturer that can prove that a person injured by a defective product received a recall notice, they may be able to escape legal liability.

    If you have been injured by a defective product, you may be entitled to compensation for the damages that you suffered. For more information about your eligibility and your rights, contact us today to set up a time to discuss your situation.


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