But far too often in Texas and across the U.S., products are found to be unsafe. That is why some products are pulled from the market in a product recall. However, many product recalls occur only after multiple people have been injured or killed by the faulty product.
If a consumer product is under recall, whether it is voluntary or because of a federal order, it usually comes after data have shown that the product is unsafe. This could include research that shows a drug is dangerous, or possibly after media reports of serious car accidents that are caused by faulty airbags, tires or other car parts.
Product recalls pertain to many types of products, including food, household cleaners, prescription and OTC drugs, appliances and electronics, medical devices, computer equipment and automobiles.
Product Recalls and Liability
A product is frequently recalled because the manufacturer or a body of government determines the product may be dangerous for some reason and can harm the consumer. Most product recalls are done voluntarily by the manufacturer. But if a manufacturer issues a voluntary recall, does this mean it has admitted fault? Not necessarily. The issuance of a recall is not the same as an admission of fault, and the fact that a recall has been made does not mean the manufacturer is liable.
That said, the simple fact a recall was issued may be shown in court as evidence that the product was defective; but evidence that a recall has been issued usually is insufficient by itself to establish that the product was defective.
Recalled Products Are Frequently the Source of Litigation
Recalled medical devices, drugs, automobiles and more cause thousands of deaths and injuries annually. Some of recent product recalls that have been the subject of product liability litigation include:
- General Motor vehicles with ignition switch problems/unintentional rotation of the ignition key
- Takata airbags
- Toyota cars, trucks and SUVs for airbag inflation problems
- DePuy hip implants manufactured by Johnson & Johnson
- Various types of transvaginal mesh products
- Actavis fentanyl patches
- Baby Einstein jumpers
- Banana Boat sunscreens.
Some of the most frequently recalled product groups include:
- Motor vehicle recalls: Defects with cars, trucks and SUVs can cause many serious safety problems. Thus, recalls that involve vehicle parts must be taken seriously. GM estimates that various auto recalls cost the company more than $2 billion in 2014 alone. That year, GM had to recall many of its models due to problems with the ignition switch mentioned above, which was related to at least three deaths and several injuries.
- Baby products: Obviously, babies must be protected at all times. If a product that is designed for babies has a problem, it can cause a very dangerous situation. The U.S. Consumer Product Safety Commission in 2012 did a product recall on approximately two baby products every week. Some of them included baby seats, strollers, and various toys for small children.
- Household appliances: Poor wiring, fire hazards and shock have been cited in recent years on recalls related to Maytag washing machines, floor lamps, oscillating fans and roller shades by IKEA.
- Food contamination: Far too often, dangerous bacteria and various other contaminants get into food products when manufacturing is not in full compliance with regulations at the federal level. In 2012, there were many serious food recalls, such as nut products made by peanut processor Peanut Corp. of America, which led to 3,913 product recalls from 361 different companies.
Compensation You Can Receive in a Product Recall Lawsuit
Litigation may help you to get back all your costs for medical expenses, lost wages, inability to earn a living in the future, as well as noneconomic losses such as pain and suffering and emotional distress. Each year, many personal injury plaintiffs obtain verdicts that can run into the millions of dollars, but how much you receive depends upon the specifics of your case.
How a Texas Product Recall Attorney Can Help You
If you are one of the millions of Americans who have been affected adversely by a product recall, it is important to not allow the statute of limitations to run out. Those who have been hurt or lost a loved one due to the defect in a recalled product have the right to compensation. At Guajardo & Marks, we will go to bat for you to obtain compensation for any personal injuries that are caused by a defective product that has been recalled. Talk to us today for a no-obligation consultation.