If you pay attention to consumer recalls, you might notice that some recall notices are accompanied with news of a lawsuit. Whether contaminated salad mixes or unsafe infant carriers, unsafe products can do a great deal of harm.
Does that mean that every recall will result in a lawsuit? Generally, no: if no one was actually harmed by the recalled product, plaintiffs are barred from filing a lawsuit. As a rule, plaintiffs must have suffered harm in order for a lawsuit to proceed—they may not recover compensation because they could have been injured. This applies to recalled products, near-miss car accidents and similar situations.
If you’ve been harmed by a recalled product, the Law Offices of Tim Misny are standing by to help. Here’s a brief guide to recalls and lawsuits.
Standing
“Standing to sue” is a legal term describing a person’s eligibility to file a lawsuit. There are three elements of standing, and each must be present for a lawsuit to go forward.
First, there must be an injury in fact: the plaintiff must have suffered actual harm from the recalled product. Second, there must be evidence that the defendant (in this case, the defendant’s recalled product) caused the harm. Finally, there must be redressability: the court must be able to do something to make up for the harm. In personal injury cases, including defective, recalled products, compensation is usually monetary.
If all of these elements are present, you and your lawyer can file a lawsuit against the responsible party.
Does a product recall mean I’ll win my lawsuit?
When someone is injured by a defective, recalled product, it seems like a slam dunk: it might appear that the manufacturer is admitting fault. Unfortunately, that’s not always the case.
Manufacturers have a responsibility to avoid causing harm to the product’s users, as long as the product was used as intended. Sometimes products are defectively designed. Other times, there may be flaws in the manufacturing process. When these flaws injure or kill consumers, generally, there may be a valid cause of action.
However, the injury and recall timing is key. If you’ve already been alerted about an unsafe product—but use it anyway—it is unlikely you will be able to recover compensation for your injuries. Injuries incurred before a recall is announced are more likely to stand up to legal scrutiny.
If you’ve been harmed by a recalled product, call the Law Offices of Tim Misny today.
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Have you been a victim of someone else’s negligence? When you’re injured, I’ll Make Them Pay!® Call my office at (800) 556-4769 so that I can evaluate your case right away. We may be able to recover compensation for your injuries, pain and suffering, lost wages and more.
