Consumer Product Recalls and Product Liability LawsuitsMay 24, 2018
A quick scan of the latest recalls on the Consumer Product Safety Commission’s website shows how frequently dangerous consumer products injure unsuspecting users. Bicycles, cabinets, power tools, safety equipment, and so much more—practically every type of product imaginable has been subject to a recall because the product caused harm to consumers.
As advocates for consumers, the product liability attorneys at Lowe Scott Fisher Co., LPA fight tirelessly on behalf of those injured by defective products like the ones recalled every day. But product recalls simply are not enough to prevent all unnecessary injuries. Despite the laudable efforts of the CPSC, individuals continue to suffer because bad businesses choose to put profits over safety.
When product recalls do not protect you or your loved ones from dangerous products, retaining an experienced product liability lawyer may be your only way to seek justice.
Who Decides When a Product is Recalled?
In the U.S., product recalls may be voluntary or mandatory. In some instances, a company may issue a recall upon becoming aware of a dangerous aspect of one of its products. In many instances, the CPSC makes the company aware of the dangerousness after receiving consumer complaints. In both of these instances, the CSPC typically allows companies to issue “voluntary” recalls under its Fast-Track Program.
Since 2010, the CSPC has been empowered to enforce “mandatory” recalls as well.
How Does a Product Recall Affect Product Liability Claims?
The existence of a product recall does not guarantee a victory in a subsequent product liability lawsuit. There are, however, certain ways in which a recall can help in pursuing a claim. The existence of a recall can provide significant leverage, insight, and precedent for your attorney in pursuing your cause of action.
Perhaps the most important way is that a product recall alerts consumers that a particular product may be to blame for their injuries. All too often, injured individuals do not pursue legal action because they do not know that they can or should. For example, someone who falls while using a ladder may believe that there is no one at fault for his injuries when, in fact, the ladder was recalled for a dangerous design defect.
All consumers are encouraged to utilize the CPSC recall listing to check up on whether products in their homes may have been recalled.
Are All Defective Products Recalled?
While product recalls occur frequently, not every defective product will be recalled. Many dangerous products exist on the market today either because they are dangerous individually due to a defect in manufacture or assembly, or because the company responsible does not know or does not care about the products’ unsafe features.
In other words, just because a product has not been recalled does not mean it is safe. Product liability attorneys help thousands of consumers each year seek justice for injuries caused by products that were never recalled.
Lowe Scott Fisher Co., LPA – Consumer Product Liability Attorneys
If you or a loved one were injured by an unsafe product, you need a law firm that will fight for you. Call Lowe Scott Fisher Co., LPA today for your free consultation.mmmm