Product Recalls Lawyer
Product recalls are vivid reminders that manufacturers sometimes make mistakes, putting you and your family at risk. A timely recall may save lives and prevent injury, but for those who have already been harmed by a product, a recall is not enough. However, victims of serious injuries may obtain compensation from those responsible by filing product recall lawsuits.
At Edelman, Krasin & Jaye, we are leading product liability lawyers representing those injured by defective and recalled items since 1952. We are compassionate and dedicated professionals working on a national scale. We stand ready to put our extensive experience in product liability to work for you.
Why are products recalled?
A product recall may be issued by the manufacturer itself or may be ordered by one of the agencies in charge of federal oversight (usually the FDA, CPSC, or NHTSA). The three main reasons for a product to be recalled are flaws in design, errors in manufacturing, and inadequate instructions or safety warnings.
If you own a product that has been recalled, you should in most cases simply follow the instructions accompanying the recall notification, which often involve discontinuing use of the product and returning it for a refund or repair.
Liability for injuries sustained by recalled products
If you have sustained injury in connection to a recalled product, you should consider bringing a claim against the responsible parties.
A manufacturer may be liable for your injury only if four conditions are met. First, there needs to be a real injury, not a hypothetical one. Second, any injury that you receive has to be a direct result of a problem with the product. Third, the product has to be “unreasonably dangerous.” Fourth, you need to have used the product as intended.
Only under such circumstances will you potentially have a case. If an injury meets the criteria above, liable parties may include not only the manufacturer, but also associated consultants, the retailer, and the wholesaler.
Examples of recent national product recalls
The following is a list of some recalled items from the past five years:
- Food: Bravo Farms cheese (salmonella); Fresh Express lettuce and other salad products (e. coli, salmonella, and listeria); Whole Foods cookies (undeclared nut allergens); Sunland Peanut butter (salmonella)
- Children’s products: Bebelove baby walkers (fall and entrapment hazards); IKEA junior beds (laceration hazard); Graco strollers (infant strangulation and injuries); Fisher Price Baby Playzone Crawl and Cruise Playgrounds (choking hazards)
- Cars: Toyota (numerous models, floor mats and accelerator pedals: unintended acceleration); Ford (numerous models, cruise control switch: spontaneous combustion)
- Medical/Pharmaceutical: Stryker hip replacements (multiple recalls for problems requiring revision surgery); Granuflo (used to treat kidney failure: multiple problems, including cardiac arrest and stroke)
- Home furnishings & products: Kenmore oscillating fans (fire and burn hazards); Maytag washing machines (faulty wiring/fire hazard); IKEA roller and Roman shades (strangulation risk); Amana heating and cooling units (fire hazard); Dolan Northwest floor lamps (shock and fire hazards)
- Exercise/recreation equipment: Suunto air hoses for scuba gear (drowning hazard); Matrix Fitness Ascent Trainers and Elliptical (fire hazard); Arctic Cat snowmobiles (fuel leak and fire hazard)
How a product recall lawyer can help you
If a recalled product caused your injuries, it is imperative that you speak with a product liability attorney in order to determine whether you have a case. Liability issues can be exceedingly complex.
Complexities in product recall lawsuits include the following:
- If you bring suit over a defective product, you will need to name as many parties as possible as defendants in order to receive reasonable compensation for your injury and loss.
- In some states, it is necessary to demonstrate in court that the company was truly negligent (by, for instance, not performing required safety checks), rather than simply having made an “honest mistake.” However, many states now require only some form of “strict liability,” wherein the company is ultimately responsible for any dangerous defects that caused injury.
- Companies will go to great lengths to demonstrate that they are not liable, arguing that any injury was due to your improper use of the product. You need a legal team to help document and present counterclaims.
A personal injury attorney from Edelman, Krasin & Jaye has the expertise and experience to guide you through the complexities of a lawsuit and fight effectively against major corporations with all of their resources.
Compensation for your injury or loss
Monetary damages may be available to you if you are represented successfully in a product liability lawsuit, though the nature of this compensation will vary depending on the severity of injuries and corresponding costs, and the degree of liability of the defendant.
For instance, in November of 2013 Johnson & Johnson agreed to a settlement that could be as much as $4 billion (roughly $350,000 per patient) for those who have had to have their recalled DePuy ASR hips replaced.
In the well-publicized case of several Toyota models recalled for “unintended acceleration” problems, a jury has thus far found the company liable for the deaths of at least two women. The company has now reached a $1 billion settlement to compensate owners of affected models for the loss of their cars’ value.
Skilled product liability lawyers
Whatever the product or injury, Edelman, Krasin & Jaye has the resources at our disposal to represent you successfully in a product liability claim. If you believe that you have grounds for taking legal action, and would like to speak with a product recall attorney, contact our offices, based in New York, at 800-469-7429 or 516-742-9200 for a free case evaluation. Our client’s success is our success!
- USA Today, Toyota to pay $1.1B in 'unintended acceleration' cases http://www.usatoday.com/story/money/cars/2012/12/26/toyota-unintended-acceleration-runaway-cars/1792477/
- CPSC, Recalls http://www.cpsc.gov/en/Recalls/
- FDA, Recalls, Market Withdrawals, and Safety Alerts, http://www.fda.gov/safety/recalls/
- NY Times, Johnson & Johnson said to agree to $4 billion settlement over hip implants http://www.nytimes.com/2013/11/13/business/johnson-and-johnson-said-to-agree-to-4-billion-settlement-over-hip-implants.html?_r=0