Each year, millions of products are released into the market that later turn out to be defective. In 2013 alone, 22 million vehicles were recalled because of problems ranging from air bags unexpectedly deploying to an increased risk of fire in rear-impact crashes.
Cars are not the only types of products that can be subject to a recall. Almost any items that you use or consume, from children’s toys to drugs and medical devices, could potentially cause you harm if there is a design defect or unexpected risk. When manufacturers, the Food and Drug Administration (FDA) or the Consumer Product Safety Commission (CPSC) discover a hazardous product, a recall action is initiated to remove that item from the market.
Unfortunately, many products are not recalled until after they have already caused injury. Product manufacturers and distributors can be held responsible for the harm that their products cause, and Steinger, Iscoe & Greene can help victims take legal action. Call today to schedule a free case evaluation and get answers to questions like:
If you are injured by a defective product, you may file a personal injury lawsuit against those responsible for that item. This can include the manufacturer of defective parts or of the product as a whole. You can also make a claim against distributors, wholesalers or resellers responsible for putting the defective product on the shelves.
There are many legal arguments you can make to hold the product manufacturer or distributor responsible for the harm you experienced. Your case could be based on:
Your attorney will assist you in deciding on the best legal arguments and can make the most compelling case so you maximize your chances of recovering compensation.
A product may be recalled voluntarily by a manufacturer after a defect is discovered, or government agencies such as the FDA, the CPSC or the National Highway Traffic Safety Administration (NHTSA) can take action to trigger a recall. There are varying levels of risks associated with most recalls. For example, a Class I FDA recall is reserved for products that cause a significant risk of death or serious harm.
Goods are recalled only if it is clear that a product presents a risk to the public. As a result, the recall – as well as evidence that prompted it, such as medical studies or consumer complaints – can all be used as evidence that the product is harmful. This can bolster victim’s claims that a manufacturer is liable for resulting injuries.
A recall also alerts large numbers of consumers to the fact that they are at risk for injuries or that health symptoms they may be experiencing are caused by a defective product. This can prompt the filings of class actions or the formation of multi-district litigations where many claims are processed at once. Before you become part of a mass tort action, you need to speak with an attorney about the best way to pursue your claim against a manufacturer for harm caused by a recalled product.
At Steinger, Iscoe & Greene, our attorneys represent clients in a variety of cases including:
Call us today to request a free consultation.