Dealing with Defects: Product Recalls and Product Liability Suits

December 12, 2010 (Press-News.org) It seems we hear about them every day: a product recall from an auto manufacturer. Another recall from the maker of a baby crib. An over-the-counter drug. A child's car seat. Tainted meat.

So many products are recalled, in fact, the federal government set up a web site, www.recalls.gov, just to keep the public up-to-date. But according to a July 2010 Washington Post article, people are getting "recall fatigue" -- they hear about so many recalls that they start to ignore them. According to the story, a recent survey found more than 10 percent of those surveyed had knowingly eaten recalled food. For purchasers of everyday household goods, only 30 percent actually return the recalled goods for repair or replacement (the numbers tend to be higher for more expensive appliance and auto defects ).

While it may seem like much ado about nothing, recalls are an important step in keeping the public safe from defective products. But they're often one of the last steps. Frequently such actions are triggered by products liability lawsuits brought by people who have been injured by the manufacturer's product.

Why Sue a Manufacturer Over a Defective Product?

A product liability claim begins with a product that is defective in one of three ways: either it is defective in manufacture (it is different from the correctly made products), defective in design (all the products share the same dangerous feature), or defective in labeling (the manufacturer fails to give adequate warnings about how to safely use the product).

When someone is injured by a defective product, the manufacturer (and often the distributor or retailer) can be sued, usually for negligence. In other cases, some commercial suppliers are strictly liable for supplying a defective product, even if negligence isn't present. Product liability lawsuits promote product and design safety by financially penalizing manufacturers, distributors and others in the chain of sale that fail to keep consumers safe.

Taken together, product liability lawsuits and product recalls help to ensure that consumers aren't injured by the products that they buy every day. When you hear about a product recall, remember that it is usually driven by the actual injury or death of another person -- and if you've purchased the product in question, heed the recall by returning the product to the manufacturer or the store.

Article provided by Corsiglia McMahon & Allard, LLP
Visit us at www.cmalaw.net