Liability Claims Often Lead to Product Recall

Thursday, August 2, 2012

Liability Claims Often Lead to Product Recall

Written by Malman Law, reviewed by Steve J. Malman.

Liability claims can work to protect the general public from defective or unsafe products. Sometimes manufacturers show very few scruples when it comes to their regard for consumer safety. Many of them sell products which have not passed a safety evaluation, leading to products that are manufactured at much lower standards now than they were even two years ago. Additionally, a product recall does not always force manufacturers to pay closer attention to the safety of their customers, as recalled products are not always altered to increase safety.

Product Liability Claims

Product liability law involves defective or dangerous products and the manufacturers, wholesalers, and retailers that are responsible for bringing these dangerous products into the marketplace. Generally, all consumer products including food, toys, electronics, real estate, drugs, furniture, medical devices, maps, instruction manuals, clothing, motor vehicles, home and office appliances, and commercial airplanes, fall under product law.

According to the U.S. Consumer Product Safety Commission (CPSC), more than 29 million people are injured because of a defective or unsafe product each year. More than 21,000 of these injuries are fatal. The CPSC monitors unsafe products and has contributed significantly to the 30% decline in the rate of deaths and injuries associated with consumer products over the past 30 years. The commission’s website notes recently recalled products.

For example, Irwin recently issued a product recall for its 10-Inch circular saw blade due to a laceration hazard posed by the product’s defective packaging. The commission also reported that Sakar International just issued a product recall on a line of its battery chargers, due to electrocution and electric shock hazard. However, while there is the CPSC and other consumer watchdog groups out there, defective products still harm people at an alarming rate.

This is where product liability claims come in. While product liability claims can arise from breach of warranty or negligence, many claims are based on strict liability. This means that the party held liable does not need to have acted negligently, carelessly, or be found “at fault” in order for there to be grounds for a product liability claim as long as:

1. The product was found defective or unsafe
2. It was the cause of the accident and/or injury
3. The person who was injured was using the product correctly

There may be more than one party that can be held liable for your products liability injury, which is why it is so important that you retain the services of a law firm that understands product liability law and the kinds of claims that can be brought.

Additionally, there are three distinctive types of product liability claims that are important for you to understand if you or a loved one has been injured by a product:

• Failure to provide adequate warnings or instructions: This type of product liability claim typically involves a product that is hazardous in some way that is not obvious to the user, or that requires the user to exercise certain precautions or diligence when using it.
• Defectively designed products: Defective design claims involve the claim that an entire line of products is inherently dangerous. It does not matter if the injury-causing product was perfectly made according to the manufacturer’s specifications. These claims do not arise from some error or mishap in the manufacturing process.
• Defectively manufactured products: A defectively manufactured product may be flawed because of some error in making it, which has led the injury-causing product to be different from the product the company is advertising.

Product recall is often not enough to protect you. At the Malman Law we can successfully handle product liability claims and lawsuits where there has been an injury caused by a product’s defect, and we will aggressively pursue your claim to ensure that the liable party is held financially accountable.

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