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
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.
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 (855)385-2529 or fill out our free case evaluation form here.