Defective Product Lawsuits and Recalls

Defective product claims can be some of the most difficult battles to win.  The first thing a manufacturer may do is accuse you of simply not using the product properly, or that you abused or damaged the product, causing it to fail.  If the defect isn’t a design flaw or a widespread problem that results in a recall of the product, proving that it was anything but your fault can seem impossible, and you may feel lucky if you simply get a refund. 

Many people misunderstand how many things can fall under the description of “defective.”  It’s not just about something breaking or not working properly.  It may be poorly written or misleading instructions, improper instruction by a salesperson, or the lack of adequate warning labels.  With many of the products we buy being imported, many instruction manuals are translated to English from another language, and the results can be less than accurate.

Most of the time, product recalls are the result of a non-injury related encounter with the defective product, or the awareness of an employee or salesperson of the manufacturer or retailer who discovers it.  But unfortunately, as in the cases involving certain Firestone Tires or Toyota automobiles in recent years, it can take horrifying experiences, and sometimes deadly accidents for the defect to be discovered.

Products for infants and young children are closely monitored by manufacturers and many retailers for safety and potential problems, but parents should take great care as well.  Cribs are notorious for product recalls, as are a variety of toys, and even clothing.  The Consumer Product Safety Commission requires all children’s sleepwear over size nine be either snug fitting or flame-resistant, and labeled as such.  Toys are scrutinized over small parts that present a choking hazard, moving parts that can cause injury, as well as the materials they’re made of.  Keep a watchful eye out for product recalls on the items you buy, and inspect them closely yourself, even months down the road after the product has been “broken in,” to make sure it hasn’t become broken.  If you find something that warrants a large-scale recall on a crib, toy, or otherwise, you don’t want it to be at the expense of your child’s well being.

Medical equipment is another area for potential defects, and the results can certainly be devastating.  Our offices have been handling claims for the DePuy Hip Replacement recall, in which a design flaw on certain implant models has resulted in metal rubbing metal, causing extreme pain, difficulty in walking, and toxins released into the blood stream.

Not only can a defective product lawsuit result in compensation for medical expenses, missed work, and pain and suffering, but it can also result in getting the product off the market or the defect fixed, preventing possible pain, injury, or death to many more people. 

Keeping receipts, manuals, and other paperwork associated with the products you buy is always a good idea.  Should something go wrong, first attend to any possible injuries that may have occurred, of course… but then take pictures, gather witnesses, if any, and contact Harris Personal Injury Lawyers immediately.  Do not contact the manufacturer, or even the retailer.  If you get any response at all, it would likely be from their own legal team who will put their company’s interests ahead of yours every time.  Let us take it from there...

Harris May Personal Injury Lawyers
David Francis Law