Injury Lawyers Who Truly Care

Recalls and their limited effect on liability claims

On Behalf of | Dec 14, 2022 | Products Liability

Most manufactured products work correctly, but occasionally a problem occurs, and someone becomes sick, injured, or dies. Businesses have the responsibility to provide safe products to the public. If they fail to follow this expectation, they can face liability lawsuits. Recalls can complicate a claim, but Roanoke, Virginia consumers still have the right to file a lawsuit.

Potential for harm

The Consumer Product Safety Commission (CPSC) oversees product liability in the United States. They report that consumer products result in about 31 million injuries and 23,000 deaths annually. The risk affects all Americans, despite the existence of the CPSC for over 50 years. Everyone in the US should force manufacturers to stay responsible for product liability even after a recall.

Possibility of success

Injured individuals can file lawsuits to receive compensation after a product-related incident. The first step for consumers is deciding if the claim will succeed. A recall will not necessarily affect a product liability claim, but some situations can complicate it. Another crucial factor is if an injury caused enough pain and monetary loss to justify a settlement. The injured party must also ensure they file a complaint against the company responsible. Liability claims could affect many of the entities involved in the product, like the designer, manufacturer, or retailer.

Reasons for concern

The timing of the injury could complicate the claim if the injury happened weeks or months after a well-publicized recall. The person injured or those filing on their behalf must show they were unaware of the problems. Companies sued for product liability may also claim the customer caused the injury by incorrectly using the product.

There is no guarantee of a successful lawsuit for anyone. However, consumers with genuine injuries from a recalled product often get the settlements they need. Recalls confirm the possible risks of the product, and it is difficult proving someone knew about and ignored prior warnings.