Maybe your Instant Pot exploded or your child was injured due to a faulty car seat. You may have been exposed to toxic chemicals, or your car underperformed in a crash due to defective parts. When faulty products are recalled, many people assume that it’s the manufacturer’s admission of liability.
Product recalls can be used as evidence in a lawsuit, but they don’t automatically establish fault. If you’ve been injured by a defective product, it’s important that you talk to a personal injury attorney as soon as possible. They’ll review your case and let you know whether you’re likely to succeed with a lawsuit.
Products Liability and Recalls
A products liability lawsuit can be filed when a product has a defective design, which makes them unreasonably dangerous, specific products had dangerous manufacturing defects or the manufacturer failed to warn about the inherent dangers in using a product. To succeed on a products liability claim, the plaintiff must have suffered some sort of loss or injury (damages).
Manufacturers often issue voluntary recalls when they become aware of a problem. Notices are sent to vendors, known customers, retailers, the media and trade journals. This lets consumers and other entities know that there is a defect and what the consequences may be.
However, this doesn’t mean your case is a slam dunk. First, the plaintiff has to prove that the specific product they were using was in fact defective. Product recalls are evidence of a defect, but you still need to show that you were injured as a result of the defect. Furthermore, some courts may exclude evidence of a recall as prejudicial.
There’s also the issue of whether a plaintiff knew about the recall and continued to use the product. For example, if you were notified that your Instant Pot was one of the models prone to exploding—but you decided to use it anyway—the manufacturer could argue that you knowingly assumed that risk. This is a difficult argument to prove, especially if the manufacturer does not have evidence that you were directly notified. A general recall is not sufficient.
In the end, the success of your lawsuit primarily depends on the specific facts involved. For example, if you were one of the first people to discover (the hard way) that your pressure cooker is prone to explosions, you are more likely to succeed than someone who wants to sue a manufacturer without actual damages.
Injured by a Defective Product? Call an Ohio Personal Injury Attorney Today
Were you injured by a defective product, which has now been recalled? You might be eligible for compensation. If the manufacturers are responsible, I’ll Make Them Pay!® Call me today at 877.944.4373 for a consultation.
