Consumers place trust in the products they purchase and use, but that doesn’t always mean they are safe. Even after thorough testing sometimes a defective product will end up on store shelves. When these products enter the marketplace and injuries occur, the manufacturer and/or other parties in the product’s distribution can be sued.
How Does a Product Injury Lawsuit Work?
A Product Injury Lawsuit is intended to recover damages caused by a faulty product. Recalls do not protect companies from liability. When a manufacturer doesn’t include adequate instructions on how to use the product or a warning for potential harm, the manufacturer may be liable for damages including:
- Medical costs incurred from the injury
- Lost wages from missed work
- Lost earning capacity to due reduced working abilities
- Compensation for pain and suffering
- Punitive damages for negligence on the company’s behalf
Common Recalled Products
- Child safety seats
- Cosmetics
- Food
- Medication
- Toys
- Cars
Who Recalls Products?
Several governing bodies are responsible for investigating and reporting product defects. These include:
- Food and Drug Administration (FDA)
- Consumer Product Safety Commission (CPSC)
- National Highway Traffic Safety Administration (NHTSA)
If you have suffered an injury and would like to see if the product was recalled, go to recalls.gov. This site lists recalls from all U.S. regulatory agencies.
What to Do If You Are Injured by a Recalled Product
- Seek medical attention immediately. Visiting a doctor and gathering paperwork from your visit is important not only for your own health but also provides proof your injury was caused by a faulty product.
- Don’t throw away the product and keep all of its parts and material it was packaged in, including the instructions if there were any. Take photographs of the product and of your injuries.
- Write down exactly what happened and any symptoms you experienced. Memory can become hazy over time so it is important to grab a pen and paper and record everything right after the incident including the date. Keep the receipt if you still have it.
Speak to an Experienced Product Injury Lawyer
You have a right as a consumer to hold companies accountable for any harm their products have caused to you. If you have a recalled product injury, you may be entitled to compensation from the company or distributor. Please give us a call today at (502) 583-6667 where we can discuss your case specifics at absolutely no charge.
