It’s reasonable for consumers to expect that any product they purchase on the market is safe and fit for use. Often, individuals trust companies to take the necessary steps to ensure their products are safe for consumer use. Unfortunately, innocent users can become seriously injured when defects slip through the cracks. Companies have a legal responsibility to ensure consumer safety. This means if a defect is discovered, they must issue a recall. A recall can be voluntary or initiated by a government agency. In either case, a product recall may significantly impact the outcome of your claim. Please continue reading to learn how a product recall can strengthen your claim’s validity and how our knowledgeable New York City Product Liability Attorneys can help you fight for the justice you deserve.
How can it help my case?
Firstly, many injured parties fear they won’t be able to pursue legal action if the defective product that harmed them is recalled. Even if a product has already been recalled, you can likely pursue legal action as long as you can prove you sustained your injuries directly from using the product as intended. Nevertheless, when the recall was issued and whether you were informed will significantly impact the outcome of your case.
In some cases, a product recall can bolster your claim. For instance, if the manufacturer issued the product recall voluntarily, it can help you prove that the company knew the product had a safety issue. Unlike most personal injury cases, defective product cases don’t require you to prove negligence. Instead, they follow strict liability, meaning because companies are legally responsible for consumer safety, regardless of their intent, they can be held liable for your damages as they failed to protect you from harm.
Even if a regulatory agency, such as the Consumer Product Safety Commission (CPSC), issued an involuntary recall, it can support your claim. It can show that another source recognized the danger posed by the product and required them to take action due to the company’s failure to uphold its duty to safeguard consumers. As you can see, a product recall can serve as vital evidence to prove your claim.
How can it hurt my case?
Sometimes, a manufacturer may attempt to use a product recall as a defense. They may claim they made reasonable efforts to inform consumers who purchased the product, but you continued using it anyway. However, this doesn’t mean that manufacturers are automatically absolved from liability. You will have to prove the elements of a product liability claim. To do this, you must demonstrate the following:
- The product had a defect that made it unreasonably dangerous
- The product was used in its intended manner
- The defect was the direct cause of your injuries and damages
Unfortunately, product liability cases can be challenging to prove. To maximize your chances of achieving favorable results, it’s in your best interest to retain the legal services of a determined attorney from the legal team at Swerling Law. We are prepared to help you hold responsible parties accountable for their negligence.