Consumers generally feel like they can trust products for sale at local stores and on major online marketplaces. There is a presumption that manufacturers should ensure products work as intended and that retailers do their due diligence before carrying products in the store.
Unfortunately, hundreds of dangerous products make it onto the shelves and sites of retail establishments every year. Some of those products have manufacturing defects that make them less safe and effective than the product generally is. Other products have defects in design that only become obvious when consumers start using the product.
Manufacturers might initiate a recall when facing allegations of releasing an unsafe product to the public. Do those harmed by a product lose the right to take legal action when that product is recalled?
Recalls do not eliminate liability
The recall process can take many months to complete. It might be a voluntary process initiated by the company. Other times, consumer protection organizations may force businesses to recall dangerous products. In either scenario, the recall process often begins with announcing the recall.
The company may publicize the recall and send written notice to known customers, including those who have registered their products. Most recalls involve specific solutions offered by the manufacturer. In some cases, consumers can return the item for a full refund even if they have already used it. Other times, the company may agree to replace a defective product.
In scenarios where the product is costly, the company may offer to repair it. That is common practice in a vehicle recall scenario. Recalls can take months to complete, and more products may fail before the recall is complete.
The timeline of the recall as compared with the injury of the consumer can influence their right to take action over a defective product. Particularly in scenarios where consumers did not receive notice of the recall in a timely manner or where the injury occurred before the recall, the company’s acknowledgment of the product’s issue may not eliminate legal and financial culpability.
In some cases, businesses may try to settle with injured consumers for far less than the true financial impact generated by a defective product. A lawsuit is sometimes necessary to secure appropriate compensation after suffering injury or property damage losses related to defective products.
Reviewing the details of the recall and the losses caused by a defective product can help consumers evaluate whether they can take legal action. A successful lawsuit may pay for property damage losses, medical expenses and even lost wages related to a defective product.