Can a Product Recall Derail Your Personal Injury Case?


According to the Consumer Products Safety Commission, more than 38 million Americans sought medical attention for injuries from consumer products in 2010 alone. Those injured by defective or dangerous products are often entitled to compensation for their injuries. But what happens when a manufacturer recalls a dangerous product? Could a product recall derail your personal injury case?

Cars, children’s toys, appliances, food, drugs, and many other manufactured products are all subject to recall if they cause harm to consumers. In many circumstances, products cause harm before a manufacturer or supplier has a chance to issue a product recall. If a product injures you prior to a product recall, the recall will have no effect on your personal injury lawsuit. Because the injury had already occurred before the recall was issued, you may still be entitled to compensation. The recall itself simply acts to prevent future consumer injuries from occurring. Additionally, a recall could actually strengthen your case. When a company issues a product recall, it has essentially admitted that some characteristic or defect in the product makes the product too dangerous for use by consumers.

Unfortunately, if you use a product and sustain an injury after the product has been recalled, your case is considerably weaker than if you had sustained a pre-recall injury. Once a company gives notice of a product recall, you may be assuming the risk of injury associated with the product if you choose to use the product. For this reason, it is important to pay special attention to product recalls for the products you purchase or use regularly.

Topics:  Bodily Injury, Product Recalls

Published In: Personal Injury Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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