Every year thousands of consumer products are recalled because they present a dangerous hazard that can cause serious injuries and death. A product can be recalled in two ways; either by the company which manufactured the item or by the U.S. Consumer Product Safety Commission. Sadly however, in many instances recalls of product do not come in time; users of these products suffer life changing injuries before the recalls have gone into effect. If you or a loved one has suffered injuries from a product that has been recalled contact out defective product recall injury attorneys for a free no cost evaluation of your case. Our expert legal team will conduct a proper investigation of your claim and determine the best legal course of action so that you can be fully compensated for your loss.
Product Recall Injury Laws in the United States
In 1972 the federal government of the United States passed the Consumer Product Safety Act establishing the U.S. Consumer Product Safety Commission which has the power to recall products that are deemed to have an unreasonable risk of harm to users. The Commission also has the power to ban a product of there are is no feasible way for the manufacturer to make it in a safer manner. There are many different types recalled products by Consumer Product Safety Commission that lead to serious injuries and fatalities. some of the more prominent are as follows:
- Pharmaceutical Drug Recalls – Including such drugs as Yaz, Avandia, Chantix and Fosamax
- Medical Device Recalls – Including Vaginal Mesh, Kugel Mesh, DePuy Hip Replacement and Electric Wheelchairs,
- Home Appliance Recalls – Including Coffee Makers, Microwaves and Heating Pads,
- Automobile Recalls – Including Tires, Breaks, Steering Wheels, and Electric Windows
- Industrial Machinery and Tools Recalls – Including Chainsaws, and Electric Tools
- Child Products Recalls – Including Child Toy Recalls, Child High Chairs, Baby Seats, and Clothing
- Electronic Goods – Including Battery packs, Computers, and Televisions
- Recalled Foods and Recalled Cosmetics
- Tech Gear 5.7 Recalls Battery-Powered Heated Socks
Visit Recall.gov for more information on Recalled Product by the Consumer Product Safety Commission.
Liability for Recalled Product Injuries – Defective Products Laws
Under California Common Law and Statutes there are generally three ways in which a manufacturers of a defective product can be held liable for a victims injuries. In the court of law a plaintiff will have to prove the presence of one of three forms of defects. (1) Defective manufacturing of the recalled Product (2) Defective in the design of the recalled Product of (3) A failure to warn the consumer of the dangers and hazards of the products use.
Manufacturing: Manufacturer defects take place when there is a mistake in the manufacturing method, which causes the manufactures good to be different from its intended desing. The product will be considered defective when it is different from its original design, even though care was exercised to avoid this issue. When considering whether a product has a manufacturing defect, the important question is always whether it was designed in conformity with the manufacturer’s original plans. If there is some type of deviation then a manufacturer defect is considered to exist.
Product Design Defects: A design defect takes into consideration the overall design of the product. Was the product properly designed? Did the manufacturer have more suitable designs which were less likely to cause harm? Did the manufacturer anticipate the use of the product? When you bring a cause of action for design defect, the ultimate premise is whether the design makes the product defective. If the product is found to be defectively designed then you may be entitled to recovery for injuries sustained.
Product Labeling Defects: Manufacturers have a duty to warn consumers of the known dangers from the use of the product. If the manufacturer does not adequately warn of a known risk then it can be held liable for injuries which take place from the product use. While manufacturers are not required to warn of obvious dangers, the courts apply an objective test to determine knowledge. Would a reasonable person know whether the product was defective or noticed the inherent issue? This is the objective standard test and specific knowledge is not considered. Manufacturers must warn through proper instruction of the various known risks or risks they could have discovered through reasonable discovery.
The Ultimate Guide to Recall and Class Actions
– Recall Lawsuits – Product Liability/Defective Products – What is a Class Action Lawsuit
Defective Car, Bicycle Recalls
– 2011 Subaru Outback Recall Notice – Saturn Aura Lawsuit – GM Recall of Faulty Transmission Cables – GM Cobalt Ignition Switch Defect Class Action Lawsuit – Porsche GT Recall Lawsuit – GM Fail to Make a Timely Recall in The Chevy Cobalt defects – Toyota Steering Pump Defect Recall – Ford Airbag Class Action Lawsuit – Fuel Hose Recall Lawsuit – Cane Creek Bicycle Shock Recall – Takata Airbag Class Action Lawsuit – Statute of Limitations Takata Airbag Explosion Lawsuit – Quest ZRT Riding Lawnmower Defect Recall – Luxury car maker BMW and Mercedes recall – Zip Line Defect Prompts Recall – Toyota FJ Cruiser Recall – Chevy Cobalt Air Bag Failure Lawsuit – Jeep Liberty Fire Class Action Lawsuit – GM Ignition Switch Class Action Attorney – Attorney Discusses GM Liability for Ignition-Switch Defect in Cobalt – Saturn Ion and Sky Ignition Switch Lawsuits – ATV Accident Attorney | All Terrain Vehicle Injuries – Off-Highway Vehicles Crash Hazard – All-terrain vehicles – TerraTrike Recalls Adult Tricycles-Product Liability Attorneys – Arctic Cat Recalls Textron Recreational Off-Highway Vehicles – Polaris Ranger Recall – Failure to Deploy Airbag in Defective Car – GM Cobalt and Saturn Ion Wrongful Death Lawsuits – Seat Back Failures in Vehicles – Defective Child Safety Seats and Restraint System Injury – Nissan recalls cars after steering wheel fall off – Pontiac Grand Prix Ignition Switch Lawsuit – Bicycle Defects Cause Serious Injuries – Jet Ski Defect Attorney
Home Supplies Recalls
– Gibson Office Depot Chair Defect Prompts Recall and Lawsuits – Fireplace Recall Burn Injury Lawsuit Information – Hobby Lobby Scented Candles in Glass Jars Recalled Due to Fire Hazard – Cambridge Elevating Issues Recall for Home Elevators – Trampoline Recall – Ross Folding Lounge Chair Recall – H&M Children’s Water Bottle Recalled – Coby Flat Screen TV Recall – Rocky Brand Steel-Toe Shoes Recall – Red Wing Steel Toe Boot Recall – Teavana Tumbler Defect Recall – Asphyxiation Hazard Bunk Bed Recall – South Shore Furniture Recalls Drawer Chest Due to Hazard – Xtreme Outdoor Product Recalls Climbing Sticks – Festool Plunge Cut Circular Saw Defect Recall – Gree Dehumidifier Recall Attorney – Bumbo Baby Seat Recall – Ontel Isometric Product Recall Lawsuit – Fisher-Price Recalls Baby Sleepers – Dorel Juvenile Group USA Recalls Baby Sleepers – Optimus Tower Quartz Heater Recall – Crib Tent Injury Attorney – Tech Gear 5.7 Recalls Battery-Powered Heated Socks – Recall of Dick’s Sporting Goods’ Pull-Up Assist Equipment due to Injury Risk – Bed Handle Recall Injury Lawsuit – Ventlab Product Recall Attorney – Sunbeam Ceramic Heater Recall – Cybex Free Weight Bench Press Recall – Glass Pendant Light Fixtures Recalls – Playtex Hip Hammock Recall Lawsuit – Head and Neck Support Accessories Recalled Due to Suffocation Risk – Navien Recalls Tankless Water Heaters and Boilers – VIVO Recalls Speaker Wall Mounts due to Injury Hazard – Children Travel Tent’s Defective | PeaPod Tent Injuries – Cabrinha Kiteboarding H2 Hydra Series Binding Recall – Kids II Recalls Rocking Sleepers Due to Infant Deaths – Defective Recalled Infant Baby Bather – Fujifilm Adapter Plug Recall – Bodum Starbucks Coffee Press Recalled – Angelcare Baby Monitor Lawsuit – Restoration Hardware Recalls – Touch Point Baseboard Convection Heater Recalled for Defect – Weatherbeeta Collegiate Saddle – Embark Resistance Cord Lawsuit – Embark Resistance Band Defect Attorney – Air King valencia range hoods – Stroller Defect Attorney – Lawsuits for Ergotron TV Wall Mount Injuries – McDonald’s Happy Meal -Toy Defect Injury – Gel Candle Burn Injury Lawsuit – Collapsing Card Table Chairs Sold at Walmart Causing Finger Amputations – Weed Trimmer Defect Attorney – Baby Sleepers Lead to Infant Fatalities – Bumbo Baby Seat Injury Attorney – Defective Climbing Lanyards can result in Injuries and Death
Drug, cosmetics and medical devices Recalls
– Theraflu Recall Defective of Child Resistant Caps – Xenmatrix Surgical Mesh Attorney – Medtronic Recalls SynchroMed Infusion Pump – Avon Eyelash Curler Injury Lawsuit – Ventlab Product Recall Attorney – DePuy ASR Defect Recall Trial – DePuy Hip Replacement Attorney – St. Jude Heart Valve Attorney – Silzone Implant Lawsuit – Value of Zimmer Knee Implant Lawsuits – HeartMate II Class Action Lawsuit – Zimmer PEEK Ardis – Recall Product Lawsuits – Zimmer NexGen Knee Replacement Attorney – Covidien Thoracic Device Lawsuit – Zimmer Nexgen Claim – DePuy ASR Hip Replacement – Ventlab Manual Resuscitator Injury Lawsuits – Johnson and Johnson Settles First 3 DePuy Hip Replacement Cases – Stryker Rejuvenate Hip Replacement Implant – Cochlear Implant Defects Resulting in Harm – Metallosis caused by Metal on Metal Hip Replacment Implant
– Ground Annatto Salmonella Prompts Recall – Trader Joe’s Peanut Butter Recall – Trader Joe’s E-Coli Poisoning Class Action Lawsuit – Soy Products Recalled by Wa Heng Dou Fu & Soy Sauce Corp. – Ground Annatto Salmonella Prompts Recall By FDA – Glass Onion Catering E-Coli Outbreak Lawsuit and Recall Info – Cultured Kitchen Cheese Salmonella Poisoning Class Action Lawsui – St. Jude Heart Valve Settlements – LEM Food Dehydrator Defect Lawsuit – Tyson Chicken Salmonella Outbreak Class Action – Flat Creek Cheese Salmonella Outbreak – Terbutaline Class Action Lawsuit – Instant Soup Cup Class Action Lawsuit
California Product Recall Accidental Injury Law Firm
If you or someone in your home has suffered injuries due to a recalled product contact the defective product legal team of professional lawyers at Downtown LA Law Group. Our compassionate an experienced lawyers will be able to determined the best legal course of action so that you can receive the compensation you are entitled to. For more information or to contact one of our esteemed attorney call us at (888) 649-7166 or fill out our free case evaluation form here.