You likely come into contact with hundreds of products daily, from your alarm clock and coffee maker to your computer and car. As these are ingrained in your daily life, you may not think twice before using these products. However, when one of these products leads to an injury, you may wonder who can be held liable. Additionally, when manufacturers issue product recalls, there are still circumstances in which you can be injured. The following blog explores what you must know about these circumstances and how a Broward County product liability lawyer can assist you through these challenging times to help you receive justice.
What Are Product Recalls?
When a manufacturer is alerted that a product is unsafe, whether due to design, manufacturing, or marketing errors, they will often recall the product. Essentially, this means they ask the public who may have purchased the product to return or exchange it.
As is the case with almost all recalls, a company will issue what’s known as a voluntary recall. This means they have discovered the product is unsafe and have issued the recall to mitigate damages. However, there are also instances in which a company is mandated by government agencies to recall an unsafe or defective product, but these are much more rare.
When a product is recalled, notices will be sent to all sellers and distributors of the product. Additionally, the brand will notify as many consumers as they can locate. Because all consumers may not receive a notice, the recall will also be published in different sources, like online and in newspapers, to reach as many people as possible.
Who Can Be Held Liable for Injuries Caused By a Recalled Product?
If you have been injured by a product that was later recalled or by one you did not know was recalled, you may be unsure how to proceed.
Liability depends on the circumstances surrounding your injury. For example, you may have been injured before the recall was issued, in which case you would proceed with a product liability suit as usual.
In other cases, it can become more complicated. If a product was recalled and you were injured after the notice went out, the attorneys for the company may claim that you are liable because you assumed the risks by continuing to use the product. However, the attorneys would have to prove you were aware of the recall, which can be challenging. Additionally, if you purchased a recalled product because a store failed to take it off the shelves, the retailer can be held liable for the injuries you’ve endured.
Regardless, if you’ve been injured by a recalled product, it’s in your best interest to speak with an attorney from the Finizio Law Group as soon as possible. Our team will examine the circumstances surrounding your case to help determine the best course of action to fight for the justice you deserve. Contact us today to discuss the details of your injury with a member of our compassionate team.
