Learn about your rights and legal options if you’ve been injured by a recalled product in New Jersey
A car manufacturer recalls a line of vehicles when rear-end collisions result in explosions, a smartphone company issues a public warning and requests the return of a particular phone model with batteries that catch fire, and a tire company recalls tires connected to car crashes. These are all examples of product recalls to protect public safety. A manufacturer or governmental agency recalls products, meaning requests product returns, for products that pose a significant safety risk to the public. The cause is often a defective product, but not always.
Options for Consumers when a Product is Recalled
Manufacturer recalls may involve refunds, exchanges, or repairs, depending on the specific product and issue. Thus, consumers have the right to a replacement, free repairs, or purchase price refunds for the recalled product. In addition, they may have a cause of action for damages that the recalled product caused beyond the loss of product use or purchase price. In other words, a product liability lawsuit to recover personal injury and property damage losses is also a consumer’s right regarding recalled products when the circumstances warrant such legal action.
Voluntary vs. Regulatory Actions to Recall a Product
When a product on the market is too unsafe, its manufacturer may voluntarily recall it. However, a governmental agency, such as the U.S. Consumer Product Safety Commission, may first discover the product’s safety risk and inform the manufacturer of the problem. The manufacturer will then decide whether to recall the product. If not, the regulatory agencies overseeing food products (FDA) and other consumer products (CPSC) can issue a recall.
Commonly Recalled Products and the Safety Risks They Pose
Motor vehicles are among the most commonly recalled products. Defective airbags, tires, brakes, and electrical, steering, and fuel systems cause vehicle recalls by all car manufacturers. However, pharmaceutical recalls are also common. Drugs with dangerous side effects or reactions are subject to recall, but so are drugs that are not defective by the manufacturer. The 1980s Tylenol recall was due to bottle tampering.
Many recalls occur when the manufacturer or regulatory agency discovers that a product is a fire hazard. This includes cars, trucks, toys, and other electrical and ignitable fuel products, like appliances. Refrigerators of various manufacturers have been subject to recalls due to defective doors, ice makers, and motors.
The Spectrum of Product Recalls from Minor Issues to Major Threats
Not all recalls are about explosions and fires. Some recalls are for minor defects that are not health or life-threatening. So, a manufacturer may voluntarily recall a product with a faulty informational insert that does not threaten the user’s health. More moderate hazards can be life-threatening or affect the health of a user. For example, a furniture manufacturer recalled dressers because of a few incidents of children dying after climbing on them and toppling them.
Moderately risky products are the most common. Less common are the highly hazardous products, like food contaminated with salmonella, a potentially deadly bacteria. Thus, spinach, peanut butter, meats, and other foods have historically been subject to recall.
What Steps in the Process Could Lead to a Product Recall?
The Designed-to-Fail Reality of Built-In Flaws
Unlike faulty products due to manufacturing errors or missing warning labels, products with design defects differ. A design defect means that even if the product is made correctly, it is still unreasonably dangerous. The design itself is defective and makes the product dangerous when it is used as it should. So, pesticides that are meant to kill insects but are later found to cause cancer are an example of a design defect. Additionally, baby powder is likewise potentially carcinogenic when it is used as intended.
The Manufacturing Misstep That Makes Products Dangerous
Aside from design defects, manufacturing defects can make a product dangerous when the manufacturer’s product does not follow the design. The manufacturer may use defective materials or assemble the product incorrectly. The defect may be in a specific batch of products, not all of them. Thus, faulty brakes can be the result of poor materials or assembly.
Unspoken Dangers of Missing Warning Labels
Yet, other products are defective because they need more adequate warnings, instructions, or labels. Some products require instructions on safe use and possible risks, even when used as designed. So, when a consumer misuses a product but such misuse is foreseeable, the manufacturer may be liable for injuries when the product lacks a warning label about product use or misuse.
Tracing Fault for Recalled Product Injuries
New Jersey’s product liability laws aim to protect consumers and hold all on the manufacturing and supply side of the product’s reaching the public. As such, manufacturers, distributors, and retailers may be responsible for a user’s injuries due to a defective product. Manufacturers are responsible for making safe products, including performing safety checks and anticipating potential use risks. When manufacturers fail to test or take other measures to address risks, they may be liable for consequent consumer harm.
The product distributor is responsible for moving the product out to sellers. Like retailers, they too may be liable to the consumer injured because of using a defective product if they knew or should have known of the defect and failed to warn of it or take it off the market. All three may be liable when all should have known about the defective product and did nothing to safeguard the public.
Navigating the Aftermath of a Recalled Product Injury
If you are injured after using a recalled product, you should first stop using the product and seek medical attention immediately. You may have a more difficult time blaming a product manufacturer for your injuries if you continue to use a recalled product. Secondly, you should become legal-minded and preserve evidence. Document everything, including taking pictures of the defective product and your injuries. Save your product purchase receipt, medical records, and medical reports that include the nature of your injury, treatment recommendations, and prognosis for recovery.
Then, report the injury and how it happened to the manufacturer and the appropriate government regulators. You will want to consult with an experienced product liability attorney after that for sound advice. They will tell you what to do next if you wish to pursue a claim for compensation against the manufacturer and others in the sales chain.
Understanding Economic and Non-Economic Damages in Recalled Product Claims in NJ
The types of compensation available to an injured consumer in a recalled product liability lawsuit are economic and non-economic. The first category includes reimbursement for all your medical outlays, including doctor, hospital, and pharmaceutical expenses. It also includes future medical costs for monitoring and treatment, as well as lost wages, earning capacity, and family services. The second kind of damages are non-economic, such as mental anguish, loss of enjoyment of life, and pain and suffering.
Did You Sustain Injuries from a Recalled Product in NJ? Explore Your Legal Options with a Knowledgeable Lawyer Today
If you have been harmed by a product that was subsequently recalled due to a defect in New Jersey, these types of cases can be technical and require knowledge of industry standards, the law of negligence and strict liability, and the language of engineering experts who might have to explain product defects to a jury. Thus, having an attorney with extensive, relevant experience is essential. At Chamlin, Uliano & Walsh, our New Jersey personal injury lawyers are highly experienced in product liability recall cases, and we can explain the process of filing a lawsuit and handle the intricacies on your behalf. Our attorneys keep you informed about your case involving a product recall lawsuit as it proceeds each step of the way so you can be prepared and participate with knowledge and confidence. Most importantly, our attorneys’ preparedness is critical to your compensation award.
When the case can be resolved through a settlement, as opposed to litigation, our negotiation skills can help you obtain the highest possible award for your damages, saving the time and money required to go to trial. However, when a trial is impossible to avoid, you can be sure that our aggressive trial lawyers are prepared to cross-examine witnesses, present a compelling case to show fault and the extent of your injuries, and educate a jury about what happened and the amount of compensation that will cover your past and future losses due to the defendant’s defective product. We proudly help clients in Middletown, Freehold, Wall, Colts Neck, Long Branch, Red Bank, Howell, Manasquan, Toms River, Point Pleasant, and the greater Monmouth and Ocean County region. Contact Chamlin, Uliano & Walsh at 732-440-3950 to speak with a product liability attorney at our West Long Branch, NJ office for additional assistance with your product recall case.