Upon acquiring a product, we reasonably trust that the appropriate parties have taken the necessary steps to ensure the product is safe for consumer use. Unfortunately, when an underlying safety issue or defect is present, it can make even the most seemingly harmless products dangerous. When a manufacturing defect is discovered, the product may be recalled. Recalls are implemented to safeguard the public from harm. If you’ve been injured because of a product defect, you may be entitled to significant compensation. Please continue reading to learn how product recalls may impact your claim and how a proficient Birmingham Product Liability Lawyer can help you find justice.
Why are products recalled?
When a product is discovered to have safety issues or defects that render it dangerous to consumers, the product will be recalled. The primary purpose of a recall is to safeguard the public against any potential harm. During the recall process, defective or potentially unsafe goods are retrieved from consumers, and the entire line of products or a particular batch that has problems is removed from the market.
Recalls are typically voluntary, with companies initiating them upon discovering safety issues with advertised products. However, in some instances, regulatory agencies responsible for the product type may enforce a recall. For example, government agencies such as the U.S. Food and Drug Administration (FDA) or the Consumer Product Safety Commission (CPSC) may mandate a recall.
Does a product recall automatically make a manufacturer liable?
If you file a product liability claim to seek monetary compensation for the damages you’ve incurred, you must provide substantial evidence to prove that another party’s negligence caused your injuries. Essentially, you must fulfill the burden of proof. A product recall can be used as evidence in such cases, but it’s crucial to understand that this does not automatically establish a manufacturer’s liability.
Even if a product recall has been issued, the manufacturer may still be held liable for any injuries caused by the defective product. However, they may attempt to use the recall as a defense, claiming that the injured party received a recall notice but continued to use the defective product anyway. Receiving a recall notice does not necessarily let the manufacturer off the hook. The injured party must still prove the elements of the product liability claim to be eligible for compensation.
If a defective product has injured you or someone you love, please don’t hesitate to contact a competent lawyer from Alabama Personal Injury Lawyers, LLC. Our legal team is prepared to help you fight for the just compensation you deserve for your devastating losses.
