Monthly Archives:' May 2016

Product Recalls and Safety in Personal Injury Law

Walk into any major toy store today and you will most likely find a bulletin board that displays a number of different black-on-white product recall flyers.  These flyers identify products that customers are admonished to return because it poses a threat to the safety of any child that plays with it or uses it.  For instance, it could be a car seat, a crib, some type of toy, etc.

One particular area of specialization in personal injury law is defective product/product liability claims.  In many cases, product recalls and safety issues arise as a result of these types of cases.  When an individual is injured because of a defective product, they will have a personal injury lawyer file a claim on their behalf.  If a settlement is not agreed upon, the plaintiff will usually wind up suing a designer, manufacturer, retailer, or some other entity that can be held responsible for their injuries.

Defective Products / Product Liability Claims

With the legal assistance of a personal injury lawyer, you can file a defective product/ product liability claim in the hopes of being compensated for your damages and injuries.  Furthermore, there are different types of defective product and product liability claims to be aware of:

  • Defectively designed products
  • Defectively manufactured products
  • Failure to provide adequate instructions or warnings regarding proper product use

The general rule of thumb in these types of personal injury cases is the inclusion of any and all parties that were involved from the time the product was designed up to and including the injury to the consumer who purchased it.  This is known as the “chain of distribution” and typically includes the designer, manufacturer, and retailer along with any distributors, suppliers, and wholesalers that might be involved.

Product Recalls

When a product is deemed as unsafe, it is usually recalled by the Federal Government.  In some cases, a product may be defective but not defined as unsafe.  What’s important is that people need to be aware of their rights and how to deal with a defective or unsafe product that has been recalled.  Furthermore, if you sustained injuries as a result of a defective product, you may be entitled to compensation for your damages or injuries.  In these situations, it pays to have a personal injury lawyer on your side. And having an experienced lawyer on your side certainly helps.

Ironically, most consumer products are not tested by the government for defects and potential safety hazards before they are introduced to the consumer marketplace.  In most cases, the manufacturer performs quality control tests to ensure that the product is safe for use before it winds up on a retailer’s shelves.  Unfortunately, the majority of any safety issues do not arise until the consumer has already purchased it and started using it.  Sadly, defective products can cause serious injuries, some of which are fatal.