You have the right to expect that the products you use every day will function as promised and not cause injury. Unfortunately, many products fail to perform as expected and some are actually harmful. Products ranging from defective drugs and medical devices to children’s car seats and toys have caused serious injury to innocent consumers who have a right to expect better.
If you experienced an injury or a loved one was killed as a result of using or coming into contact with a defective product, you may be able to take legal action and recover compensation for losses. An experienced product recall attorney can help you pursue a claim for damages.
At Steinger, Iscoe & Greene, our attorneys have represented many clients and helped them stand up to big manufacturers and insurance companies to ensure they are fully compensated for all losses. Our attorneys offer free consultations to victims injured by defective products. Call today to have your case evaluated and get answers to questions including:
If you are injured by a product that is recalled, you should pursue a personal injury claim. If your family member is killed, you can take legal action for wrongful death. Manufacturers are strictly liable for product defects that cause harm when the item is used as intended, and you do not need to demonstrate the manufacturer was negligent to recover compensation.
While you could argue breach of warranty, design defect, negligence or failure to warn of side effects, you could also simply point out that the product injured you when used the way you were supposed to – this is enough to recover compensation under strict liability rules.
Because a product recall occurs only if some problem with the product was causing harm to consumers, the recall usually helps you make your injury claim. Recalls may be prompted by consumer deaths or complaints of injury or illness, or may occur when scientific studies identify the serious problems with a product on the market. All of this evidence can help you make your case to recover compensation from the manufacturer.
When a product is recalled, it is common for many victims to take legal action against the manufacturer for harm caused by the defect that led to the recall. As a result, class actions or multi-district litigations may form.
Class actions are cases with one representative plaintiff or a group of representative plaintiffs who act for many other victims who all suffered similar losses. All claims are consolidated into one big case, and the outcome of the claim will compensate people who suffered similar harm.
Multi-district litigations, on the other hand, involve moving many separate cases before just one judge. While each victim keeps his or her own case and ultimately controls the litigation, one judge is able to decide issues that are relevant to all claims.
In addition to class actions and multi-district cases, one can also pursue individual claims in state and federal court, or negotiate an out-of-court settlement with the manufacturer of the recalled product that caused injury. An attorney should advise you on the best course of action to maximize your chances of full compensation.
Product recall cases often raise complicated issues regarding whether a product was the direct cause of your damages. You need an experienced and caring attorney who can advise you on your claim, fight for your right to full compensation and protect your interest. Call today to speak with a member of our legal team and let Steinger, Iscoe & Greene get started on your case.