A product recall is a warning to consumers after the discovery of safety issues or product defects that could endanger consumers or patients, or place manufacturers and distributors at risk of legal action.
Unfortunately, some products on the American market pose dangers for months or even years before a recall is issued, often only when a company is forced to recall a product or when legal pressure mounts from a Product Recall Lawyer.
Common consumer product recalls often include the following:
These are products that the average American consumer uses on a daily basis, or even multiple times a day. Consumers should be free to use such products with peace of mind without worrying about potential injuries.
Joe Lyon is a highly-rated Product Liability Attorney representing plaintiffs nationwide in a wide variety of catastrophic injury and civil litigation claims.
A product recall is not necessarily a lawsuit, nor does it automatically lead to one. Legal action must be actively pursued in order for injured consumers to obtain compensation for their losses. On the other hand, a “product recall lawsuit” is simply a lawsuit that involves a recalled product in one way or another.
Product liability law holds manufacturers responsible for a large portion of liability regarding injuries directly related to defective or faulty consumer products.
America’s manufacturers have a moral and legal duty to ensure the safety of all products they market and distribute. More importantly, they have a responsibility to properly warn consumers of any defect their product may contain and issue prompt safety recalls.
In the event of an injury or death, compensation can be sought to cover medical expenses through a product recall lawsuit. Damages in such a lawsuit can cover:
For a complete investigation and to build the strongest case possible, contact an attorney with considerable experience in product liability law and product recalls. The amount of damages available often depends on the skill and experience of the lawyer handling the case.
In some instances, a class action lawsuit may be filed if enough people are injured by the same product liability issue.
Each year many new dangerous products hit the market and face recalls. Because of the risks posed, and the negligence of manufacturers, there are thousands of pending lawsuits against makers of unsafe consumer products. Victims of hazardous products, such as contaminated food, faulty drugs, and medical devices may have claims against a company and receive compensation.
A national product recall issued by a company or safety agency is a recommendation to return a product to the manufacturer due to a faulty product or a consumer safety issue. It applies in every state across the country.
The U.S. Consumer Protection Agency works to protect the public from defective products that have the potential to cause injury by burns and fires, electrocution, toxic exposure, and inherent design defects.
Many products produced abroad and imported into the U.S. must meet safety guidelines regardless of where they are manufactured. Manufacturers or retailers may be held responsible for any injuries sustained by consumers, and can be accountable by product liability laws.
It is important to note that not all product recalls are handled by the U.S. Consumer Protection Agency. The FAA oversees aerospace safety, the FDA handles drugs and medical devices, and the NHTSA handles automotive products. A few other government agencies handle the remainder, including contaminated foods.
Serious injury caused by consumer products can prompt safety agencies to issue a warning to recall a consumer product. It is crucial for individuals, manufacturers, and retail distributors to report serious injuries that occur from use of a defective product. Be sure to always report a product-related injury to the proper safety agency.
The U.S. Consumer Product Safety Commission (CPSC) aims to protect the public from risks of injury or death associated with the use of thousands of types of consumer products. They work to ensure the safety of products that commonly pose dangers, such as home gym equipment, children’s toys, clothing, cribs, power tools, and household chemicals.
Consumers and families face potential injury from products that pose fire, electrical, chemical, and mechanical hazards. The most common hazards that prompt product recalls include the following:
Food safety is a huge issue throughout the nation each year. According to the CDC, one in six Americans get sick from contaminated food each year. More than 3,000 annual deaths are attributed to food-related illnesses, most of which are preventable.
The CDC works with the Food and Drug Administration to identify health risks in consumables, but the outbreaks are sometimes overwhelming and spread too quickly to prevent public health risks.
When an FDA-regulated product like a drug or medical device is either defective or potentially harmful, the FDA is responsible for issuing product recalls, which is the most effective means for protecting the public.
The FDA is usually alerted of an issue when a company discovers a problem. The agency inspects a manufacturing facility and determines the potential for a recall, or the FDA receives reports of health problems through various reporting systems.
In many cases, the Centers for Disease Control and Prevention (CDC) contacts the FDA, often after the drugs and devices have already injured or possibly caused the death of unknowing consumers. FDA guidelines categorize all recalls into one of three classes, according to the varying seriousness of the hazard:
Information regarding recalled medical devices is often provided directly to hospitals, doctors, and medical professionals.
The FDA itself may issue a recall if it deems products are dangerous to consumers. FDA recalls typically involve:
These types of recalls often involve products that are widely distributed and may affect large portions of the population at a time.
Defective drugs and unregulated nutritional supplements fill the U.S. market each year, endangering consumers and American patients. The U.S. Food and Drug Administration (FDA) initiates weekly recalls for defective drugs, often after injuries have occurred and lawsuits are filed against negligent drug makers and pharmaceutical companies.
The FDA recalls defective drugs for a myriad of safety issues, including a lack of pre-market testing, drug contamination, and drug injuries reported by patients. Sometimes only after hundreds or thousands of adverse event reports are filed by doctors and patients are drugs taken off the market, discontinued, or voluntarily recalled by manufacturers.
Warning labels and “black box” warnings may be applied, and consumers are left wondering if the drug they have been taking for years may be dangerous or the root cause of an existing injury or illness.
Pharmaceutical companies tend to understate the risks of a drug and hype the benefits of a drug, in order to sell more and build profits. Even as the FDA works to regulate the giant drug market, their efforts often lag. Injury cases must be filed by plaintiffs and a defective drug lawyer.
In the auto industry, the number of product recalls has increased recently. Low-priced production often leads to a hit in quality throughout the supply chain. As a result, technical failures are more likely to occur now than in the past.
In one of the most significant consumer product crises, nearly 70 million Takata airbag inflators were recalled in the U.S. The defective Takata airbag inflators show a high risk of ruptures during airbag deployment.
The National Highway Traffic Safety Administration (NHTSA) says the risk posed by the airbag inflators in recalled vehicles is grave, and it is critical they be repaired now to avoid more deaths and serious injuries. Eight confirmed U.S. fatalities have been found due to Takata ruptures.
Product recalls occur because the products pose serious risks of harm or injury to consumers and must be removed from the stream of commerce. Such products can cause permanent, devastating injuries if they are not handled or recalled properly.
Why Hire The Lyon Firm
For over two decades, The Lyon Firm has been handling complex national product liability claims involving a wide range of products. Attorney Joe Lyon has represented thousands of individual clients in cases involving defective medical devices, pharmaceutical products, toxic products, and other dangers.
Many product recall lawsuits have had a positive impact on consumer health and safety, and we have witnessed improved lives and prevented future injuries as companies are forced to recall products and change designs and warnings as a result of litigation.
Following an injury caused by a recalled consumer product, a claim may be filed. Product liability lawsuits typically contain a cause of action for strict liability, negligence, and breach of warranty.
The manufacturer is likely liable for a product that fails or has an improper warning attached to it. Distributors and others in the supply chain may be liable as well.
Common recalled consumer products include food, medical devices, pharmaceuticals, ATVs, automobiles, toys, home appliances, and power tools.
Many household products are also recalled each year due to toxic exposure risks. Safety agencies and companies themselves are responsible for recalling products when they pose safety and health risks.
A product may be considered by law “defective” if it is unreasonably dangerous for its intended use. If a consumer is injured in part because of a product defect, legal action can be taken. Plaintiffs may sue a manufacturer, distributor, or retailer if they were aware of risk and failed to warn the public.
Product recall lawsuits can be complex and may involve several steps and procedures. A product recall attorney can help by gathering evidence and information, filing all relevant court documents on time, formulating a trial strategy, and negotiating for damages.
Defective products that are sold to consumers present safety hazards for adults and children. Cheap and defective products may pose fire and burn risks; electrocution, strangulation and choking risks; and severe health risks. The manufacturers of inferior consumer products have a duty to foresee potential injury and properly design and test products before they are released to the public.
Companies must properly warn consumers of any risks associated with their products. Any failure to protect consumers or recall a product that results in an accident or injury can lead to lawsuits filed by plaintiffs and a product recall lawyer.