Products with underlying design, manufacturing, or marketing defects can harm innocent consumers. Even when used correctly, such products can result in serious injuries or fatalities. In such cases, whether the product was subject to a recall may arise, as such a recall should have identified the product’s lack of safety for consumer use. This notice could serve as evidence in a product liability claim. However, a recall alone is not sufficient evidence to prove the manufacturer’s liability for your damages. Please continue reading to learn how product recalls may impact your claim and how a qualified Bronx Product Liability Lawyer can help you hold the appropriate parties accountable for their negligence.
What is a product recall?
Manufacturers initiate product recalls for various reasons. However, they are typically prompted by safety issues or defects that pose a danger to consumers. Product recall involves retrieving defective products and removing them from the market. In most cases, consumers will be given a full refund or replacement. Essentially, product recalls are intended to safeguard the public. It’s crucial to note that a product recall may be voluntary or mandated by a government agency, such as the Food and Drug Administration (FDA).
How can a product recall impact my case in New York?
A product recall can serve as vital evidence for your claim. However, it does not automatically make the manufacturer liable for your damages. Even if the product is recalled, you must establish other aspects of your case to recover monetary compensation. Nevertheless, if the product’s manufacturer voluntarily issued a recall, it can prove they knew the product had a safety issue.
It’s crucial to note that you don’t need to prove negligence in a product liability case, as companies are held to a strict liability standard. This means companies are responsible for consumer safety regardless of their intent. Therefore, you only have to show that you purchased the product, used it in its intended manner, and it caused your injury. Moreover, an involuntary recall can bolster your claim as it can demonstrate that a regulatory body recognized the danger posed by the product and had to take action due to the manufacturer’s failure to uphold its legal responsibility to safeguard consumers.
If you sustained injuries after a defective product has been recalled, it’s in your best interest to contact a determined Bronx product liability lawyer from the legal team at James Newman, P.C., who can help you gather pertinent evidence to prove your claim. Our firm is prepared to represent your interests today to maximize your chances of receiving the maximum compensation you deserve and need to get back on your feet.