On a daily basis, we hear news of dangerous recalled products: from vehicles to electronics to groceries.
Last month alone, the Consumer Product Safety Commission recalled 190,000 portable chargers sold on Amazon, Toyota recalled 110,000 vehicles whose airbags did not deploy, and countless food recalls were issued by the U.S. Food and Drug Administration.
With so many faulty products causing harm to consumers, it’s only natural to ask whether you can sue if a recalled product has harmed you.
I’ll explain below, and discuss when a product liability attorney serving Northern New Jersey may be able to help with your case. If you have questions about whether you are eligible for damages following a product recall, Buttafuoco & Associates offers free consultations at 1-800-NOW-HURT.
When do Products Get Recalled?
Manufacturers know that they can be held liable if a consumer is harmed due to a defect in a particular product. Unfortunately, it’s not uncommon for a manufacturing defect to go unnoticed until many such defective products have fallen into consumers’ hands.
A good example of this is Mercedes-Benz’s recent recall of 143,000 cars manufactured between 2021 and 2023, which had fuel pump issues that caused a loss of drive power. In some unfortunate cases, such as car fires, problems do not become known until serious injuries or even deaths have occurred.
When a product is recalled, the manufacturer is allowed (or sometimes required by government agencies) to remove the product from stores. In most cases a manufacturer will voluntarily recall their product to avoid facing lawsuits or having its public image marred. In cases where consumers have been seriously harmed, the manufacturer will sometimes set aside a sum to use for settlements before they issue recalls.
If the recall is required by a government agency, consumers receive mailed notices explaining the defective product issue that caused the recall.
So, is a manufacturer off the hook if they take steps to notify consumers of the dangers and issue a recall?
Even when manufacturers attempt to legally protect themselves through this process, the publicity that arises can lead to class action lawsuits. If you were severely harmed by a recalled product, a class action lawsuit is not recommended, as you will not recover sufficient individual compensation to pay for your injuries.
However, if you, along with a large group of people, have been similarly harmed by the same product, a class action lawsuit is an efficient way to hold the company accountable.
Mass torts, where many victims with similar serious injuries join together to put forth a case, are also sometimes an option. While a mass tort may not yield as much compensation as an individual case, it can result in a higher settlement than a class action lawsuit and offers fast resolution.
If you have been injured by a faulty product, it’s worth speaking with a personal injury attorney in Northern New Jersey to determine what type of case you have and how to proceed.
When is a Lawsuit Allowed?
Whenever an individual is harmed by a product, they can file a product liability lawsuit against the manufacturer. Whether the claim involves a defect during manufacturing, a defective design, or a failure on the manufacturer’s part to warn consumers that the product could be dangerous, a victim may be eligible to recover compensation. This could include compensation for medical attention, lost wages, pain and suffering, or other damages resulting from the injury.
As I mentioned, in the case of product recalls, just because a company issues a recall does not mean that they are not responsible under the law if their product injures consumers. However, it’s important to keep in mind that when a plaintiff sues a company for liability reasons and a recall has not yet been issued, they must typically rely on expert testimony to prove their case. If the defect has already been announced, the plaintiff will have fewer steps to take.
In a best case scenario, they will only need to prove that the defect caused their injury in order to recover damages.
How Could the Manufacturer Win in Court?
Just because a product was recalled because it was determined to be unsafe, this doesn’t mean the manufacturer is automatically liable. In some courts, evidence of the recall cannot be admitted, as it could unfairly influence the jury. In this case, in order to win a product liability claim, the plaintiff must be able to prove that the defendant failed to uphold their duty to ensure the product was safe, that their failure to uphold this duty resulted in the harm, and that the individual suffered damages.
Additionally, the manufacturer must prove that the recall notice was clear in its description of the potential hazards of the product. They must also be able to prove that the injured party received the recall notice. If they cannot do these things, they may be held liable.
While this may sound straightforward, depending on the circumstances the manufacturer may have ammunition to fight back.
If the company has failed to issue a recall, they will likely lose the case, but let’s say the injured plaintiff received notice of a recall in the mail.
If this was the case, the manufacturer could argue comparative negligence.
Under New Jersey comparative negligence laws, if the consumer is found even partially responsible for their injuries, their compensation will be reduced by the percentage to which they are found at fault. The manufacturer could also use the “Assumption of Risk” defense, which states that in ignoring the recall, the victim voluntarily exposed themselves to danger.
When a Northern New Jersey Product Liability Lawyer Can Help
As you can see, suing after a product recall can sometimes be complicated.
At Buttafuoco & Associates, we have decades of experience helping innocent people who have been harmed by corporate negligence recover the damages they are entitled to. If you have been harmed by a defective product and believe the manufacturer is responsible, get in touch today with an experienced attorney for a free consultation.
Call 1-800-NOW-HURT.
