Consumer Recall Attorneys Are Important to Your Case

When a product of any kind reaches the marketplace, it may never have been tested for safety, and in some cases, it may not have even been measured for effectiveness. It takes a lot of consumer complaints to organizations like the Consumer Product Safety Commission, the CPSC, before formal investigations are done. Product manufacturers do not even have to take action on notifications from consumers that their products are defective, but if they choose to ignore the warnings, they increase their legal liability.

For example, if a company makes baby cribs and they hear from a large number of buyers that one of the side rail designs allows too much slack, leaving a baby at risk, they should contact the CPSC to ask them to issue recalls right away. Though this will not relieve them of liability if something horrible happens because of the design defect, they are making consumers aware of the risks.

Of course, not all defects lead to danger and/or recall. Something wrong with the design or appearance of an item is a defect, but it may not lead to a recall. Though manufacturers can be honest and open about such matters, offering up some sort of solution or even a refund, this is not all that common either.

When to Call Consumer Recall Attorneys

However, there are laws in place to protect consumers who fall victim to products with defects and flaws. Some of the laws deal with performance and satisfaction, and are often referred to as warranty laws. Where safety is concerned, product liability laws expose a manufacturer to liability should any injury or harm come to a consumer using their defective and/or recalled products.

There are laws known as “tort laws” in the United States and these are laws in place to award an injured party damages when someone else has caused avoidable harm through negligence or carelessness. Often, product liability issues are looked at in just that way – a consumer is injured or suffers a loss because of a defective product. The maker usually knows of the defects and yet allows the product into the marketplace. Should an injury occur, they will then attempt to settle with the injured person (or have their insurance company do so).

What is interesting to note is that defective products are not usually the focus of a single consumer case against a manufacturer. Instead, consumer recall attorneys usually work in what are known as class action lawsuits. These are massive cases in which many legal requirements have to be met before they can proceed but which tend to come with substantial costs to the manufacturers in question.

You should contact qualified consumer recall attorneys as soon as you realize that you have suffered any sort of harm or damages because of a product that was defective and/or recalled. Remember that the recall is not relieving them of liability, and consumer recall attorneys are the ideal people to determine what the extent of any manufacturer’s liability is to you after sustaining a loss of some sort.

Product liability is a confusing area of the law because you do have to prove that your losses or injuries were due to that product and that the manufacturer was aware of the defects or potential harm. This is something best left in the hands of your consumer recall attorneys as they will know how to build a case, and perhaps keep the entire matter out of court. They can negotiate with insurance companies and representatives of the manufacturing firm to help you recover any losses or damages unnecessarily sustained.

Source

Lawyers.com. Product Defect or Recall. 2015. http://product-liability.lawyers.com/product-liability/product-defect-or-recall-whats-the-difference.html