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Product Recalls: What You Should Know

In a typical year, the Consumer Product Safety Commission oversees approximately 400 recalls[1]. This is in addition to the recalls overseen by the Food and Drug Administration, which oversees drug recalls; the U.S. Department of Agriculture, which oversees food recalls; and the National Highway Traffic Safety Administration, which oversees car recalls. A manufacturer recalls a product if it learns that there is a problem with it that could hurt someone or something. Often, a company initiates a recall after it has learned about the product causing injuries or death to prevent additional people from being harmed. If you have been injured by a faulty product, you are entitled to compensation whether or not the company has initiated a recall.

Product Liability Categories

There are three types of problems with a product that could cause it to be faulty:

1. Design defect: This is something inherently wrong with the product design that causes it to be unsafe. An example is a baby lounger that a baby can roll off from and suffocate.
2. Manufacturing defect: Something went wrong during the manufacturing process and the product was not manufactured according to the correct specifications. An example of this is ice cream that is contaminated with listeria.
3. Marketing defect: The company did not warn consumers about risks associated with the product’s use. An example of this is a food product that does not list an allergen it contains on the label.

Winning a Product Liability Case

To win a product liability case, you will first need to prove that the product that injured you had a design, manufacturing, or marketing defect. You will then need to show that the product was being used for its intended purpose when it injured you. Finally, you will need to show that you suffered damages as a result of the faulty product. You are entitled to compensation from the manufacturer, and in some cases, the retailer, for economic losses, such as medical bills, lost wages, and property damage, as well as non-economic losses, such as pain and suffering.

Steps to Take If You Are Injured by a Faulty Product

• Stop using the product immediately and set it aside. Do not throw it out or damage it in any way.
• Seek medical attention, if needed.
• Take photos of any injuries you sustained from the product.
• Contact a knowledgeable product liability attorney, like ECanter Lawyers to discuss your situation. Based on the specifics of your situation, we will advise you what to do with the faulty product and what the next steps are.

Faulty products can cause significant injuries and even wrongful death. If you or a loved one have been injured by a faulty product, call ECanter Lawyers today for a free case evaluation.

ECanter Lawyers

When you are dealing with the chaos and pain of accidents and personal injuries, the last thing you need is technical, confusing legal language.  ECanter Lawyers breaks down the complexities and provides clear, informative answers so that you understand your legal options. 

For almost a quarter of a century, ECanter Lawyers has remained committed to honest, straightforward answers.  Named one of AVVO’s Clients’ Choice, ECanter Lawyers has helped clients receive multi-million-dollar verdicts, and millions of dollars in settlements.  ECanter Lawyers specializes in personal injury, motor vehicle accidents, medical malpractice, premises and product liability, and healthcare law.

With offices conveniently located throughout South Florida and 24/7 services, ECanter Lawyers personal injury law firm offers you the personalized attention that you need in order to maximize your compensation. 

ECanter Lawyers

561-447-4500

Boca Raton | West Palm Beach | Coral Springs | Ft. Lauderdale | Miami

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[1] CNBC. How the CPSC keeps consumers safe from products that get recalled (cnbc.com). Accessed October 4, 2021.