How Does A Recall Impact My Rights In A Product Liability Case?
Government officials operate a very useful website that provides the most recent details on dangerous, defective products that have been recalled, either by authorities or through voluntary action by the manufacturer. You can view this continually updated information through the US Consumer Product Safety Commission (CPSC), which includes announcements about everything from vehicles and appliances to household goods and children’s products. The site offers instructions on what to do, such as return the item to the manufacturer, get a refund, contact the company about repairs, and cease using the item in its defective state.
The point of recalls is to prevent injuries, but defective products can cause harm before the flaw is discovered. In these situations, you may qualify to recover compensation under Maryland product liability laws. However, there can be some confusion about how a recall affects victims’ legal remedies. An Owings Mills defective product attorney can clarify how these cases work, and an overview explains the basics about your rights.
Three Theories of Liability for Defective Products: Initially, you should note that a product recall does not prove your rights or guarantee compensation. Instead, your legal remedies fall under product liability laws. You have multiple options for pursuing a claim:
- Strict Product Liability: Under this concept, you must have evidence showing that the manufacturer sold or produced dangerous items that made their way into the hands of consumers. You do not need to prove that the company intended to do so.
- Negligence: It is more difficult to prove this theory of liability since you must show that the company somehow failed to use reasonable care in producing the item.
- Breach of Warranty: When a product does not conform to an express or implied warranty, you might have grounds to pursue a claim for breach of warranty.
Strict liability is the most common approach for injured victims because it does not require you to prove that the manufacturer was at fault.
Basics of Class Action Lawsuits: It is common for many individuals to be affected by the same defective product, suffering similar injuries and losses. There could be hundreds of victims who sustain harm. Instead of pursuing their remedies individually, claimants may band together to form a class action. Doing so serves the interests of judicial efficiency. You might have the option to participate as a member of the class, but there are pros and cons to this approach. Though legal costs are reduced, your award is also diminished because you share it with numerous claimants. A product liability attorney can advise you on a strategy for the best possible outcome.
Talk to Our Baltimore County Defective Product Lawyers About Options
If you or a loved one was injured by a dangerous consumer product, it is essential to get legal help. There are advantages to class actions, but you should explore all available remedies. Our team at Furman | Honick Law will advise you, so please call 410-844-6000 or visit our website. We can schedule a free consultation with a Maryland product liability attorney.
Source:
cpsc.gov/Recalls
