Managing Partner
Have you been hurt by an unsafe product that was subject to a recall? Here’s what you need to know about the recall process and what it could mean for your right to monetary compensation.
Understanding Product Recalls
A product recall occurs when a manufacturer requests purchasers or consumers return a product for repairs, exchange, or refund due to a defect that could affect the product’s performance, cause injury, or reduce the product’s resale value. A manufacturer may conduct a voluntary product recall after identifying a widespread design or manufacturing defect in a product, or a government agency may order a manufacturer to perform a recall. For example, the National Highway Traffic Safety Administration may direct an auto manufacturer to recall vehicles for defects that cause safety risks.
Common reasons for product recalls include:
- Design or manufacturing defects
- Failure to meet applicable safety standards
- Contamination of food, beverage, pharmaceutical, or personal care products
- Mislabeling/incorrect information on labels
Understanding Product Liability Law
Not every product recall occurs because a product poses a risk of injury to consumers. That said, one of the most pressing reasons for a company to recall a product is that it suffers from design or manufacturing issues that make it dangerous to users. A consumer injured by a defective product–whether or not the manufacturer ultimately recalls it–may have the right to seek compensation through a product liability claim.
Georgia’s product liability law imposes strict liability upon manufacturers whose products injure consumers, provided the product’s condition is the proximate cause of the person’s injury. Strict liability means that an injured consumer does not need to prove that a manufacturer’s negligence led to the product’s dangerous condition. Instead, a manufacturer bears liability simply because the product’s condition injures the consumer.
Product liability claims typically come in three forms:
- Design defect: This argument alleges that the product has an unreasonably dangerous design because the risks inherent in the design outweigh the product’s benefits, or the manufacturer could have reasonably chosen an alternative design.
- Manufacturing defect: This alleges that a product suffers from a defect due to errors in the fabrication/assembly process that rendered the product unsafe for use.
- Failure-to-warn: This alleges that the manufacturer failed to include warnings about nonobvious, foreseeable dangers from using the product or instructions necessary for the product’s safe use.
Consumer Rights Following Product Recalls
Depending on the terms of a recall, a product owner may have the right to free repairs for the product, free replacement of the product, or a refund of the purchase price. However, when a defective recalled product causes property damage or injuries, the affected person may have grounds to pursue a product liability claim. Doing so can help them recover compensation for:
- Property repair expenses
- Medical bills
- Lost wages from missed work
- Pain and suffering
Steps to Take If You Own or Suffered Injuries Caused by a Recalled Product
If you’ve been hurt by a recalled product, taking the following steps can help you more effectively pursue compensation from the product’s manufacturer:
- Seek immediate medical attention to document the injuries or medical conditions caused by the defective product.
- Follow your doctor’s treatment recommendations and recovery instructions.
- Obtain copies of your medical treatment/rehabilitation records.
- Take photos of the product that injured you; keep the product if you can do so.
- Keep all bills, invoices, and receipts for expenses related to the injury.
- Gather your pay stubs/income statements to calculate lost wages if you take time off work or earn less while on part-time/light duty.
Finally, contact a product liability attorney to find out how you can seek financial compensation for what you’ve suffered.
Contact a Product Liability Lawyer from Joshua E. Palmer Law Firm to Discuss Your Options
Hurt by a recalled product? Contact Joshua E. Palmer Law Firm today for a free, no-obligation consultation with an experienced product liability attorney in Macon. We want to help you get the compensation you deserve from the company responsible for your injuries, and we won’t charge you a fee unless we’re successful.
