Can You Sue If You’re Injured Due to a Recalled Product?

Recalls of defective or dangerous products are commonplace, and seem to be on the rise. Some companies have been forced to stop selling a product because it poses serious risks to consumers, but many other companies have initiated recalls on their own. If there’s even a small chance that a product could hurt someone, it may be in the companies best interest to avoid liability.

Exactly what is that liability? You might be wondering this as you read the news, or you might need to know because you, or someone close to you, was injured by a product that later was found to be defective.

Suing for a recalled product injury

“Product liability law” exists to protect consumers and the general public, by limiting exposure to defective products and penalizing companies who ignore these risks. In the State of Florida, a person injured by a defective product can file a lawsuit to recover damages. Defects include:

  • Manufacturing defects. The product may be high quality, but it was made in a way that introduces safety hazards. It may be assembled improperly, or it may have been contaminated.
  • Marketing defects. These defects typically involve warnings, labels, and other disclosures that inform users of possible risks associated with the product. Some products may be generally safe when used properly, but require certain precautions that the consumer needs to be informed of.
  • Design defects. Some products are dangerous by their very nature, and not because of misuse or factory errors. A toy designed for infants that poses a choking hazard has a design defect, because this danger exists regardless of how the product is manufactured and used.

In the modern, industrialized world, products pass through many hands before reaching the consumer. However, knowing the type of defect may help determine who may be liable.

By the time defects are discovered, it’s often too late to prevent any and all exposure to the danger. Some companies may withhold information from the public so they can keep selling a defective product. If you’ve been injured by a recalled product, an experienced personal injury attorney like Katherine can help you know who to hold responsible. To schedule a free consultation, contact our office by phone, email, or text message today!