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Sometimes manufacturers make errors in the production of their goods. Product recalls remind us of this fact. If a defective product is recalled in a timely fashion, the potential exists to prevent many lives from experiencing harm and injury due to the product’s flaws.
However, for anyone who has suffered an injury from a product that has been recalled, the recall itself is not sufficient enough to compensate for the harm endured. As a victim of a serious injury stemming from a recalled product, you may have the opportunity to recover legal compensation for your losses from any and all responsible parties.
Regardless of the product involved, or the injury you have suffered due to a defective product, our team at Kisling, Nestico & Redick has the experience and resources to successfully represent you in a product liability claim.
To explore your grounds for legal action with a free consultation, call us today at 1-800-HURT-NOW.
Product Liability Explained
A product liability lawsuit commences when a person (the plaintiff), injured as a result of a defective product, sues the manufacturer, distributor, and/or retail or wholesaler of the product. Such a claim may be filed based on one or more several causes, each of which creates a danger for the end-user. These include:
- Defective design
- Defective manufacturing
- Failure to provide proper warning of risk
As the plaintiff in a product liability lawsuit resulting from an injury caused by a recalled product, you can sue the responsible party for any physical harm you endured, as well as any and all of the financial losses you faced as a result of the product defect.
The manufacturer may be liable for any above-mentioned injuries only if several conditions are met. These include:
- The injury must have actually occurred
- The injury must stem directly from the defect with the product
- You must have used the product as intended by the manufacturer
- The product with its defect must be unreasonably dangerous
If your injury and the product causing the injury match this criteria, the potentially liable parties may also extend beyond the manufacturer to include the distributor, any related consultant, the retailer, or wholesaler.
Reasons for Product Recalls in Ohio
The manufacturer is not the only entity with the ability to issue a product recall. Other agencies that have federal oversight over consumer products may issue recalls as well. These include the Food & Drug Administration, Consumer Product Safety Commission, and the National Highway Traffic Safety Administration.
The entity issuing the product recall will usually send a notice to all distributors, sellers, and purchasers of the product. As well, this notice of recall will often be given to the general media and particular trade journals in order to get the word out. The recall itself will warn consumers of the current defect in the product and the danger(s) posed by said defect. It will also include instructions to past purchasers on how to have the product replaced or repaired.
As an owner of a recalled product, it is important that you follow the instructions provided with the recall notice, which may include returning the product for repair or replacement along with a possible refund.
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