Posted on: May 10, 2013
Product liability cases can be tricky and you will want to make sure you understand your rights before you make any decisions about what to do next. If you were hurt by a defective product , contact an experienced South Carolina personal injury lawyer right away.
A lot of people believe that they can’t claim damages if they were hurt by a product that has been recalled, but that’s not necessarily the case. Our civil justice system leaves the door open for injured people to get the compensation they need from the responsible parties for medical bills, lost wages, and pain and suffering. Whether a product has been recalled or not, you have options.
Of course, a recall can add a layer of complication to your case.
A manufacturer issues a recall when there is a defect in its product. The defect could be dangerous and put consumers at physical risk, or it could simply be a defect that keeps the product from operating properly. Manufacturers can voluntarily recall a product; offering to repair, replace or refund the product. If a recall isn’t voluntary, one of three regulators can require the manufacturer to recall a product for safety reasons.
- The National Highway Traffic Safety Administration (NHTSA) can require auto manufacturers to recall vehicles.
- The Food and Drug Administration (FDA) can require manufacturers to recall food, drugs and cosmetics.
- The Consumer Product Safety Commission (CPSC) manages all other recalls.
Do recalls mean a product is unsafe?
Some clients wonder if a recall could help their defective product cases. However, many manufacturers voluntarily recall their products before regulators complete a thorough investigation and officially declare the products unsafe.
Is it my fault if I keep using a product after a recall and get hurt?
The CPSC issues six recall notices or product warnings every week. There is no reasonable way for consumers to be fully aware of all the warnings and recall notices. You might have been using a defective product without ever getting word that it had been recalled. Manufacturers who issue recall notices are responsible for ensuring that consumers know about them. Even the most well-publicized recall notices can go unnoticed by some.
Even when a product has been recalled and you ignore the recall, you still have rights. Contact the experienced South Carolina product liability and personal injury attorneys at George Sink, P.A. Injury Lawyers. We offer a free case evaluation that will help you understand your rights and options. We can meet you anywhere in South Carolina, whether it’s at one of our offices in Charleston, Columbia, Greenville, Orangeburg, Walterboro, or Moncks Corner, or in your home. Contact us today to find out how we may be able to help you.