Manufacturers have the responsibility of ensuring that products out on the market are free of potential defects. However, many defects become evident only after the product has been sold, in which case, the manufacturer must issue a recall to avoid any harm to the consumer. Unfortunately, by the time a product gets recalled, some consumers may have already experienced an injury or illness as a result of using the product. If you have been harmed by a product that ended up being on recall by the manufacturer, it is important that you seek the help of product liability lawyer. At Warner, Sechrest & Butts, we can provide you with a personal injury attorney in Gainesville, FL, to fight for the compensation you deserve for your injuries and financial losses.
How Do Florida Product Recalls Work?
Recalls can be issued for a wide variety of products including equipment, appliances, electronics, motor vehicles and their parts, over the counter medication, and contaminated food. They occur when a manufacturer becomes aware of a manufacturing or design defect and removes the product from the market, often offering a remedy to consumers who experienced an injury or were inconvenienced by the issue. Usually, the manufacturer will be the one to voluntarily issue a recall in order to avoid the risk of lawsuits and to maintain good public relations. However, if the manufacturer does not do so, a government agency can mandate it. In the United States, there are six agencies that can issue recalls, they are the Consumer Product Safety Commission, the Food and Drug Administration, the Food Safety and Inspection Services, the National Highway Traffic Safety Administration, the Coast Guard and the Environmental Protection Agency.
Once a recall occurs, a notice is sent out to all distributors and sellers of the defective product to stop its sale and use immediately. Purchasers will likely be contacted as well to the extent that is possible. Furthermore, notices will typically be available to the general media, depending on the severity of the recall, and will warn customers of the dangers posed as well as instruct them on what to do with the product. This is quite common when it comes to vehicle defects, as they can often cause serious injury if not fixed right away. The manufacturer may also need to notify its insurers and retain a securities attorney to evaluate their financial position. It is common for companies involved with major recalls to create a plan to offer a certain amount of money in settlements to people injured or seriously affected by the product before the recall was issued. A Gainesville personal injury lawyer can help ensure that you receive fair compensation from the company to cover for your medical expenses, lost wages, temporary or permanent disabilities, and physical, mental and emotional pain.
Filing a Lawsuit for Injuries From a Recalled Product
If you sustained injuries from a product that was then recalled, you can sue the manufacturer, distributor or seller of the product with the help of Gainesville injury lawyer. The claim can be due to a defective design that makes the product dangerous, defective construction or failure to adequately warn of a risk. However, a recall in itself will not automatically make the defendant manufacturer liable. The injured person must still prove that the product was defective and that the defect caused his or her injuries through the elements of a product liability case. On the other hand, just because a manufacturer issues a recall does not mean that they are exempt from any claim brought against them. In order to defeat a claim, the manufacturer must prove that the particular person who suffered injuries was directly notified of the recall and adequately warned of the dangers posed by the product.
Product Liability Lawyers in Gainesville, FL
If you suffered injuries from a product that was recalled, it is important that you seek an attorney who can advise you on your rights to compensation. At Warner, Sechrest & Butts, we have the experience and resources to build a strong case for you and fight for the compensation you deserve. Contact us today for personal injury attorneys in Gainesville, FL.
Defective Products & Recalls | FAQs
What is a product recall?
Product recall refers to the act of removing a defective product from the market (or from consumer access) because of safety hazards and other risks. By recalling the product, the overall health and welfare of the public is secured. In some cases, a product recall may be necessary to prevent a company from receiving numerous lawsuits for a defective product.
What are some reasons a product might be recalled?
Common reasons for product recalls include existence of the following:
- Bacteria contamination
- Unidentified allergens
- Discriminatory messages
- Inappropriate subliminals
- Burn and fire hazards
- Poisonous hazards
- Injury hazards
- Risk of mold exposure
- Fall hazards
- Child resistant closure violations
- Shock hazards
- Tip-over hazards
- Choking hazards
- Violation of lead standards
- Violation of legal standards
If any of the aforementioned defects have resulted in damages or injury, you should meet with a Gainesville defective product attorney.
Who is at risk of receiving a defective device?
The truth is that anyone can receive a defective device. Afterall, a large percentage of product recalls are based off of complaints and reports that are sent to federal agencies by consumers. This means that it may take public receipt of defective devices to determine if they are harmful. It is best to review periodicals and governmental reports regularly to keep track of products that have been recalled or items that are hazardous.
If you receive a defective device, consider visiting our Gainesville personal injury law firm for assistance and support. You may be eligible to recover damages if you experience any injuries or property damages.
What types of damages can I collect from a defective device claim?
You may collect the following types of damages from a defective device claim with the assistance of personal injury lawyers:
- Loss of consortium
- Decline in the quality and enjoyment of life
- Pain and suffering
- Compensatory damages
- Medical expenses
- Lost wages
- Temporary and permanent disabilities
- Property loss and property damages
Are there different types of product recalls?
Yes. There are different categorizations of product recalls. Each type is governed by a specific department of the U.S. government.
- Food and drug related recalls are regulated by the United States Department of Agriculture (USDA) and the Food & Drug Administration (FDA).
- Vehicle related recalls are regulated by the National Highway Traffic Safety Administration (NHTSA).
- General product recalls are regulated by the Consumer Product Safety Commission (CPSC).
How can I find out which products have been recalled?
The U.S. Consumer Product Safety Commission (CPSC) keeps flexible, updated records of all items that have been recalled. By visiting this site, you can review a full list of products that have been recalled and the specific reasons for the recall.
Product recalls may also be announced on news and other media platforms.
If a product is recalled, do I have to stop using it?
Yes. Once a product is recalled, you should stop using it immediately to prevent injury or damage to yourself or others. When a product is recalled, a company is required to correct the issues that are identified. You should not use a product that has been recalled until the issue has been mediated.
If a company recalls a product, does that mean their other products are unsafe?
Not necessarily. When a product is recalled, only that specific model of design is considered to be unsafe. However, a product recall may raise red flags for a company as a whole, which may lead to further investigation into the company’s other products by the U.S. Consumer Product Safety Commission (CPSC). If you feel uncomfortable utilizing the other products of a company because of a recent recall, you should avoid purchasing products from the company or seek information and reports about the company’s other products.
If I believe a product is unsafe, can I report is to the U.S. Consumer Product Safety Commission (CPSC)?
Absolutely. In fact, you are encouraged to report unsafe products to the U.S. Consumer Product Safety Commission (CPSC) so that actions can be taken to prevent additional injuries to the public.