If a defective product has seriously injured you, you may wonder whether the product was subject to a recall. Fortunately, even if the product has been recalled, you’re still eligible to file a claim as long as you sustained your damages directly from using the product as intended. Nevertheless, when the recall was issued and whether you were informed can significantly impact the outcome of your claim. Therefore, it’s in your best interest to enlist the legal assistance of an experienced Chesterfield County Defective Product Lawyer, who can help guide you through each phase of this complex process. Please continue reading to learn how product recalls can impact the success of your claim.
How does a product recall work?
When a product has an underlying issue or flaw that makes it unreasonably dangerous, it’s deemed defective. When a product is defective, the manufacturer may voluntarily issue a recall or involuntarily initiate one after prompting by a federal agency such as the U.S. Consumer Product Safety Commission. A notice is sent to sellers and distributors to commence a recall, instructing them to remove the product from the market immediately to safeguard consumers. They may be published online, or customers could be sent a notice directly. Typically, they include instructions on what to do with the product and explain the dangers the product poses.
In most cases, product recalls can be entered into evidence in a product liability case. Although a recall can serve as vital evidence for your claim, it does not automatically make the manufacturer liable. The manufacturer can argue that you received a recall notice but neglected to follow their instructions and continued using the product despite knowing the risks. However, this does not mean that the manufacturer is absolved from liability. Ultimately, you’ll have to prove all of the elements of negligence to secure monetary compensation for the damages you’ve incurred.
How can it benefit my case?
Depending on the circumstances of your case, a recall may strengthen your claim. If the manufacturer voluntarily initiated the recall, this action could be used as evidence that they were aware the product had an issue. In addition, an involuntary recall initiated by a federal agency could also be used to support your claim. It can demonstrate that another party recognized the danger of the defective product and had to take action due to the company’s failure to take the necessary steps to safeguard consumers.
For more information regarding product liability claims in South Carolina, please don’t hesitate to contact a determined Chesterfield County product liability lawyer. At the Cockrell Law Firm, P.C., we are prepared to help you hold responsible parties accountable for their negligence.
