When a product has a safety issue or defects, it may be recalled voluntarily by the manufacturer or involuntarily, such as when the recall is initiated by a regulatory agency, such as the U.S. Food and Drug Administration (FDA) or the Consumer Product Safety Commission (CPSC) to protect consumers from harm. When a safety concern is present, it can turn seemingly harmless products dangerous. If a defective product has injured you, you may wonder if the product was subject to a recall and how that could impact your product liability claim. Please continue reading to learn how product recalls can potentially strengthen your claim’s validity and how our dedicated Santa Clara County Defective Product Attorneys can help fight for you today.
Does a product recall automatically make a manufacturer liable?
Throughout the U.S., manufacturers recall products for many reasons, including reports of adverse events. When a product is recalled, a notice is sent to sellers and distributors to remove the products immediately from the market. The recall will identify the product by make, model, and lot number. It will also explain the product’s dangers and what the consumer should do with the defective product.
While many believe product recalls automatically make manufacturers liable as they take it as an admission of fault, that is not the case. Manufacturers may use a recall as a defense, arguing that the injured party received a notice and continued using the product anyway. However, a product recall can serve as evidence to bolster your claim.
If the manufacturer issued the recall voluntarily, it may benefit your case as it indicates that they were aware the product had an issue that made it a safety concern. If a government agency issued the recall, it would demonstrate that another source recognized the danger posed by the product and had to take action due to the company’s failure to take the necessary steps to protect consumers.
What should I do if I was injured after a recall in California?
If you’ve been injured by a defective product that has been recalled, securing as much evidence as possible is imperative. Although you may feel tempted to discard the faulty product, you should keep it. Take pictures of the product and keep any correspondence with the manufacturer or seller.
In addition, you should keep track of comprehensive medical documentation demonstrating the extent and severity of your injuries. If anyone was present at the time of the incident, make sure you collect their contact information, as they may be able to corroborate your claim in the future. However, the most crucial step is retaining the legal services of an experienced attorney who can help you hold responsible parties accountable for their negligence.
For more information regarding product liability claims, please don’t hesitate to contact a determined Attorney from The Law Offices of Brian J. O’Grady. Our firm is prepared to help you get the justice you deserve.
