Product Recalls And Defective Products Lawyer

When you purchase a product, you trust that it has been properly designed, tested, and manufactured to meet safety standards. Unfortunately, that is not always the case. 

According to one recent annual report, 12.7 million people were treated in emergency departments for injuries resulting from consumer products. In some situations, these dangerous defects in products lead to product recalls – but by then, the damage may already be done. 

If you or a loved one has been harmed by a recalled or defective product, our skilled defective products lawyers are here to help you recover compensation for your injuries. Call us today at (877) 880-4090 to schedule a free case consultation.

What Is a Product Recall?

A product recall occurs when a manufacturer or government agency, such as the Consumer Product Safety Commission (CPSC), becomes aware of a product defect and sends out a public notice. The recall is a request to return, repair, or replace a product that has been found to be defective or potentially hazardous. 

The product will be removed from the market due to safety concerns. Product recalls are intended to protect consumers from harm. 

Types of Product Defects

In a product liability case, it is important to understand the type of defect that led to the injury. Generally, product defects fall into three main categories. 

Design defects

These occur when a product’s design is inherently dangerous, even if manufactured correctly. The danger lies in the blueprint itself. For example, an SUV with a high center of gravity that rolls over easily has a design flaw that makes it unsafe under normal use. 

Manufacturing defects

These defects happen during the production process. Even if the design is safe, a mistake in the assembly or use of substandard materials can result in a dangerous product. Examples include a bicycle with a cracked frame due to poor welding or medication tainted during packaging. 

Marketing defects

Marketing defects can involve one or more of the following:

• Inadequate instructions
• Improper labeling
• Failure to warn 

This type of mistake is especially common in pharmaceuticals or chemical products. For example, if a medication has a known risk of dangerous side effects but the warning is buried or omitted entirely, it may be grounds for a product liability claim. 

Types of Product Recalls

A product recall happens when a company or government agency removes a product from the market because it’s unsafe or defective. While recalls are made to protect the public from harm, unfortunately, they often happen after people have already been injured. 

There are several types of recalls, depending on who is involved and the kind of product:

• Voluntary recalls: These are recalls initiated by the company that made or sold the product. The company might discover the problem on its own or be pressured by consumers or regulators. 

• Mandatory recalls: If a company refuses to act, a government agency can force a recall. This usually happens when there’s a serious risk to the public and the company doesn’t cooperate. 

• Food and Drug Administration (FDA) recalls: The FDA oversees recalls of food, medicines, medical devices, and cosmetics. These recalls happen when a product is contaminated, mislabeled, or unsafe for use or consumption. 

• National Highway Traffic Safety Administration (NHTSA) recalls: The NHTSA handles recalls involving vehicles and auto parts, such as airbags, brakes, or tires. If a defect poses a safety risk while driving, the NHTSA can investigate and order a recall. 

• Consumer Product Safety Commission (CPSC) recalls: The CPSC deals with consumer goods like toys, electronics, appliances, and furniture. If a product has a risk of fire, choking, or other injury, the CPSC can issue a recall. 

Manufacturer vs. Retailer Liability

One of the most important aspects of a product liability claim is identifying who is legally responsible for your injuries. Your defective product lawyer will conduct a complete investigation to identify all liable parties. Let’s discuss manufacturer liability compared with retailer liability. 

Manufacturer liability

Manufacturers are often the primary target in product liability claims and may be held liable if:

• A product was defectively designed or manufactured
• They failed to warn consumers of potential risks
• They ignored safety standards or regulatory requirements

For example, let’s say a manufacturer knew the airbags in their cars were faulty, but sold the vehicles anyway. They can be held accountable when injuries occur. 

Retailer liability

Retailers can also be held responsible in some situations, even though they didn’t make the product. 

A retailer might be liable if:

• They sold a product that was already recalled
• They failed to remove dangerous products from their shelves
• They misrepresented the product or its safety

In many situations, both the manufacturer and retailer may share responsibility. 

Understanding Your Legal Options After an Injury From a Recalled Product

If you have been injured by a product that was later recalled, you may have a valid product liability claim. This type of personal injury case holds manufacturers, distributors, and sometimes retailers responsible for selling dangerous or defective products. 

To build a strong case on your behalf, your defective product attorney will need to gather solid evidence, including:

• Proof of injury: Medical records, doctor’s notes, and photos of your injury

• The product itself: Keep the defective product (if possible, packaging and receipts)

• Recall information: Documentation showing the product was recalled or under investigation

• Witness statements: Testimony from people who saw the injury occur or can verify proper use

• Expert testimony: Engineers, doctors, or product safety experts may be needed to prove the product was safe

• Usage history: Proof that the product was used as intended

Keep in mind that timing is critical. Most states have statutes of limitations. This is the deadline for filing personal injury lawsuits. If you don’t file quickly enough, you may lose out on recovering compensation.

Why Choose Fielding Law to Handle Your Product Liability Claim?

At Fielding Law, we understand the physical, emotional, and financial toll a defective product injury can have on your life. 

Consider some of the many reasons why you can trust us to handle your product liability case:

• Extensive experience: Our attorneys have successfully handled numerous product liability cases involving everything from medical devices to auto parts. 

• Proven results: We have helped our clients recover millions of dollars in damages by not being afraid to take on big corporations. 

• Personalized attention: Every case is unique. We’ll take the time to understand your situation and build a strong, evidence-backed claim.

• No fees unless we win: You pay nothing unless we secure compensation for you. 

Schedule a Free Consultation With a Defective Product Lawyer Today

The skilled and compassionate attorneys at Fielding Law are here to help you after you’ve been injured by a defective product. We understand how frustrating and overwhelming it can be to sustain an injury from a product you thought you could trust. Our legal team can offer support and legal guidance during this challenging time. 

Product liability cases can be complex, and large companies have strong legal teams. That’s why it’s important to speak with a personal injury attorney who has experience in handling defective product claims.

If you or a loved one has been injured by a faulty product or affected by a product recall, contact our law firm today for a free consultation. We’ll fight for the justice and compensation you deserve.