Product Liability when a Product has been Recalled

As a consumer, it’s important to know whether or not a product poses a threat to you and your family members, particularly small children. After all, it’s your role as a parent to protect them from harm, right? Not only is researching a company before buying its products important, keeping track of recalls is equally important. Keep track of recalls to keep yourself and your loved ones out of danger from shoddy merchandise, eating tainted food or driving poorly built vehicles. Knowing about product liability is the first step.

The US Product Safety Commission (CPSC) reported “11 reports of toy-related deaths that occurred in the 2012 calendar year among children younger than 15 years old. Moreover, all 11 victims were younger than 12 years of age.” Balloons were the cause of two of the deaths and drowning and asphyxiation/aspiration accounted for 8 of the other fatalities.

How to Find Recalls:

There are a number of different ways to stay on top of recalls. For example, you can use the internet as a resource for obtaining information directly from the manufacturer or company issuing the recall.

You can also do the following:

• Visit the Recalls.gov website. You’ll receive up-to-date information about consumer product, motor vehicles, boats, food, medicine, cosmetics, and environmental product recalls. Accessing each category will help you stay informed and aware of the protocol of returning defective merchandise.
• Download the Recalls.gov app to your smartphone. Access the information that you’re looking for while on the go. The app is free and similar to the government’s website.
• Check bulletins boards at your favorite retailers. Walmart and Target are two businesses that post recall information in a visible location in its stores. This allows the consumers to know which products are no longer deemed safe.
• Read about recalls through news sources. News-related websites often write about recalls. It’s a way to advocate and inform the consumer. Automobile recalls seem to be a favorite topic. The danger that a faulty vehicle poses is grand. For example, think about all of the problems Toyota had just a few years ago.

Who Carries the Product Liability:

A product recall is issued by a manufacturer and alerts the public to the dangers an item may cause. Staying up to date on recalls is important. By visiting the websites listed above and obtaining important information from the media, you can prevent an accident from happening and injuring you or a loved one. NOLO notes “You will likely be more successful at showing that the injury-causing product’s design is defective if you can demonstrate that the dangerous quality of the product is not obvious to the ordinary consumer. In such cases, liability may hinge on the sufficiency of the warnings and instructions provided by the manufacturer or supplier.”

What to Do if You are Injured:

If a broken or failed product injured you, contact your lawyer right away. It’s important to discuss the extent of your injuries with someone who understands the law and liabilities of recalled product liability. A legal professional offers free consultations for a reason. They’re not afraid to come to your home or hospital room to speak with you either.

Product liability is something companies are well-versed in. Lawsuits occur all the time because of faulty parts and poor craftsmanship. You do not need to be silent when a company has caused you harm. Your personal injury can cause you unnecessary pain and suffering, mounting medical bills, as well as lost wages. Finally, don’t you deserve to be compensated for something that was out of your control?

About the Author:

Joseph G. Macaluso is a personal injury lawyer practicing at the Bronx law firm of Macaluso & Fafinski, P.C. A graduate of Brooklyn Law School, Mr. Macaluso has been in private practice since 1990 with an exclusive focus on personal injury and medical malpractice. A member of the New York State Trial Lawyers Association, he has served on the Legislative Committee of this organization and is also a member of the Bronx County Bar Association and has served on the Board of Directors of Bronx Legal Services.