Consumers rely on manufacturers to make and sell safe products. However, there are times when a product such as a car’s airbag, a children’s toy, or a medical device could cause an injury or hazard. When a safety problem or health risk is recognized, consumers should be alerted through a product recall. Most often the product recall system works, but what happens if the consumer learns about a recall too late, after they sustain an injury?
If a person suffers an injury before or after a product recall, the manufacturer or seller of the product needs to recognize their responsibility and should compensate those injured. While this may sound straightforward, recalled product injury cases can be complex and not so simple. As Virginia product liability lawyers, we are all too familiar with these cases. In this article, we’ll explain why and how products are recalled and what you should do if you are injured by a recalled product.
What Is a Product Recall?
We live in an imperfect world and sometimes consumer products lead to injuries or other dangers causing a recall. In some cases, when a company has concerns about a product’s safety, it will issue a voluntary recall; other times, a U.S. government agency such as the FDA will force a mandatory recall. A recall notification alerts the public of the unsafe item, asks them to stop using it, and usually includes instructions on what to do with the product. Any product that poses a health or safety risk could be recalled.
Common causes of product recalls include design defects when a product is designed in a way that could lead to injury or it was built with a flaw. Manufacturing defects that occur during the production of a product. Labeling issues such as a product’s label lacking proper warnings or instructions for use, or incorrect or misleading labels, warnings, or instructions that can lead consumers to misuse the product. Contamination of food products, medications, or cosmetics can also lead to a recall.
While the government’s recall process has greatly benefited public safety, there are times when a consumer may continue using the dangerous product unaware of the recall leading to a consumer getting injured.
What To Do If You’ve Been Injured by a Recalled Product
There are several steps to take if you are injured by a recalled product.
Seek Medical Attention. The most crucial step is to seek medical attention for your injury. Communicate to the doctor and medical team that you were injured by a specific product and be prepared to provide detailed information about how you were injured.
Document the Injury. Keep documentation on how the injury occurred and the treatment you received. This can include taking photos of the injury and the product and collecting doctors’ notes and copies of any diagnostic test results. If you cannot document the details yourself, consider asking a partner or friend to accompany you to medical visits for assistance.
Preserve the Defected Product. If possible, keep the product that caused the injury. It is crucial evidence and can be the most important part of your case. A defective product can be tested by experts by all parties to further establish why it was defective.
Check for Recalls. It is essential to check if there is a recall of the product that caused your injury. You can do this by visiting the U.S. Consumer Product Safety Commission’s recall page, or the all-inclusive site recalls.gov where you will find various government recall pages for consumer products, motor vehicles, boats, food, medicine, and environmental products.
Dangerous Product Lawsuits in Virginia
Due to the strict standards set in Virginia requiring the plaintiff to show how the manufacturer caused the injury, as well as the particular issue involving being injured post-recall, you should reach out to an experienced lawyer who is well-versed in product liability and personal injury. Let Curcio Law handle your dangerous product injury case while you focus on recovery. To schedule a free consultation or for more information, call or text us at 703-836-3366, or fill out our online contact form.
Justin Curcio joined Curcio Law in January 2020. Justin received his J.D. from St. John’s University School of Law in 2015. After passing the Virginia Bar in 2015, Justin was in-house counsel for an insurance defense firm (Allstate/Esurance/Encompass) for over four years before joining Curcio Law. During law school, he worked for the Nassau County District Attorney’s Office and the law firm of Bartlett, McDonough & Monaghan, LLP. Contact Justin at jcurcio@curciolaw.com.
