A product recall aims to prevent harm and ensure public safety by getting unsafe products off the shelves so consumers aren’t harmed.
However, an injury that results from a recalled product can be complex and overwhelming. If you were injured by a product that was recalled, you should speak with a personal injury attorney. A personal injury lawyer can help you understand your rights, file a claim, and get any compensation you are owed for your injury.
Understanding Product Recalls
A product recall occurs when a manufacturer requests the return of a product due to safety issues or defects that could harm consumers or lead to legal problems for the company. The most common reasons why products are recalled are that they have design defects, manufacturing flaws, contamination issues, or labeling errors that make them unsafe for consumers.
Common Types of Recalled Products
Any products can be recalled if they were manufactured incorrectly and pose a danger to consumers. But the most common products that are recalled are:
- Consumer goods like toys, electronics, or household goods like furniture.
- Food and beverages that are labeled incorrectly or were contaminated during production.
- Pharmaceuticals and medical devices
- Automobiles
Steps to Take Following a Product Recall Injury
If you were injured by a product that is the subject of a recall the first thing that you must do is get medical attention for your injury. You must have documentation from a doctor showing the nature of your injury and what medical treatment was recommended for the injury. Keep all of your medical records and receipts related to the injury, even the receipts for your co-pays or over-the-counter products.
The next step is to report the injury to the manufacturer. Save the product and all the product packaging. It’s evidence related to your injury.
Next, get a copy of the recall notice and any related documentation. The recall notice can be considered evidence.
If there were any witnesses to the injury get their names and witness statements to help build your case.
You should also hire a personal injury lawyer to help you build a case and file a claim against the product manufacturer.
File a Product Liability Claim
When you file a product liability claim a judge will review your evidence and your claim to determine who is liable for the injuries you suffered. The manufacturer of the product can be found liable, but so can others like the distributor or retailer.
Your personal injury claim must prove negligence resulted in your injury. That means you must demonstrate the product was defective and that the defect caused your injuries. This can be based on design defects, manufacturing defects, or failure to warn.
Your personal injury lawyer will help you file a personal injury claim, which includes detailing your injuries, the defect, and the damages you are seeking.
The Importance of Legal Guidance
Most people don’t have a lot of experience with personal injury law, so it’s important that you get help from a lawyer who does. A personal injury attorney can help you do things like:
- Investigating the defect and gathering evidence.
- Proving negligence or liability
- Advocating for you in court
- Negotiating to get you the compensation you deserve
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