Product recalls are the result of faulty product research by the product’s producer or manufacturer.
Product recalls of defective products range anywhere from malfunctioning hot water heaters to faulty child restraints. Defective products cause more than 29 million injuries and close to 22,000 deaths in the United States each year, according to the U.S. Consumer Product Safety Commission (CPSC).
A product is considered defective if it is found to cause unwarranted injury to the consumer. Every manufactured product has the potential of being defective if not properly tested or inspected, whether it is a breast implant, a child’s toy, a brake pad, a tobacco product, or a hair dryer. Of course this doesn’t mean that all accidents occurring with a product are grounds for personal injury lawsuits.
If you cut yourself with a knife while using it properly, you do not have case. However, if the knife broke while you were using it and you were injured, you would then be eligible to pursue legal action, namely a product liability lawsuit.
Reasons for Product Recall
Many reasons can cause defective products to make their way on to store shelves and eventually be subjected to product recall. Design defects cause millions of injuries annually. Design defects occur before the product is created, usually during the initial planning phase. Manufacturers catch these after products have been distributed for sale and have to initiate a product recall. Unfortunately, product recalls often occur too late and product owners may never even hear of the recall.
Defective manufacturing flaws result from mistakes or problems that take place during the actual product production stage, and the defect may only occur in a few products out of many safe products. Similar to products with design defects, products with manufacturing defects are frequently recalled, even though too late in many cases.
Inadequate testing is very common when it comes to automobile safety crash testing. Most corporations test crashworthiness, safety belt effectiveness, and other elements at only 40 miles per hour and only in front-end crashes, rendering these tests inconclusive. Most crashes occur at higher speeds, at side angles, or rear-end, yet these safety tests have yet to be revised.
Marketing misrepresentation covers a variety of things from confusing, hard-to-follow instructions to incomplete warning labels on prescription drugs. Instructions are written at a 10th grade reading level, while the majority of consumers read far below that. Instructions should be the equivalent to that of most daily newspapers, which are written at a 6th grade level, thousands of injuries could be prevented.
If you have any product recall questions regarding whether a defective product is indeed to blame for your injury, contact a personal injury attorney who specializes in product liability. A product liability attorney can help you review the facts of your case, complete the necessary paperwork, understand relevant laws, and ultimately, receive the damages you deserve.
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