When a product’s safety is questioned, the turer or a government agency may issue a recall, a notice that advises the public about the potential risk the product presents and what to do to avoid injury.
The primary purpose of recall notices is to prevent individuals from needlessly suffering harm because of a dangerous product. However, they can serve an additional intent: Depending on the type and timing of the recall, product liability lawyers representing injured consumers or the product’s manufacturer can find the notice helpful to their cases.
Two Types of Recall Notices That are Notable Product Liability Claims
There are two general types of product recalls: voluntary and involuntary. While each has the same general purpose of alerting the public to a potentially dangerous product, they differ in terms of who initiates each and when they go into effect:
Voluntary Recalls From the Manufacturer
A manufacturer often initiates a voluntary recall when it identifies a potential danger with its product. That information can come to the manufacturer’s attention through various means, including reports by consumers, internal quality control testing, or a report from a government agency. Preceding the recall, there may have also been reports of injuries potentially connected to the product.
Involuntary Recalls
Government authorities initiate involuntary recalls without the involvement of a product’s manufacturer whenever there is an immediate danger to the public. These recalls are typically reserved for situations where there is a significant danger of serious injury or death if the product is not immediately pulled from the market.
In some cases, the government may try to convince the manufacturer to issue a voluntary recall for its product. In these situations, an involuntary recall would only be issued if the manufacturer refused to announce one within a reasonable time.
How and Why Products that are Recalled Affect Product Liability Lawsuits
Through product liability cases, those harmed by a particular item seek compensation for their injuries from the product’s manufacturer. These cases claim that the manufacturer did not take reasonable steps to prevent its defective product from reaching the public and causing harm. If found liable, manufacturers can be responsible for paying victims’ medical bills, lost wages, and other losses.
The central question in any product liability case is a matter of whether the manufacturer’s actions were reasonable to prevent injuries to consumers. That means the facts surrounding the issuance of a recall notice, such as those listed below, can work for or against an injured plaintiff’s case:
Type of Product Recall
A voluntary recall can be seen as the efforts of a responsible manufacturer who cares about consumers’ welfare. Manufacturers can use their issuance of a voluntary recall as evidence they recognized the potential harm their product could cause others and issued the recall notice out of an abundance of caution.
By contrast, injury victims can generally make use of involuntary recalls to support their cases. Plaintiffs would claim the product’s dangers were so obvious and immediate that the government felt the need to issue the involuntary notice, regardless of the manufacturer’s participation.
Timing of the Recall
The earlier a product is recalled, the better it is for the manufacturer. For example, suppose that a manufacturer quickly issues a voluntary recall for an affected batch of baby formula. Their actions would generally be seen as demonstrating reasonable and responsible behavior.
Conversely, suppose the manufacturer resists calls to issue a voluntary recall and issues an involuntary recall after numerous reported injuries or deaths. In that situation, the manufacturer would have greater difficulty defending its response as reasonable.
Efforts to Notify Consumers
Next, the manufacturer’s efforts to advise consumers about the recall are brought into question. Simply posting notice of a voluntary recall on the company website is not likely to be considered a sufficient and reasonable response to prevent consumers from being hurt.
If, instead, the manufacturer were to work with distributors and retailers to personally identify as many consumers as possible, that may be seen as a reasonable measure that protects the manufacturer from liability. That is especially true if an injury only occurs after such efforts are made.
Remedy Provided
Whenever a recall of any type is issued, customers with the affected product are instructed to either return or discard it. They are then provided with some remedy, which can include any of the following:
- Repairing or replacing the defective product with a new one at no extra charge
- Refunding the item’s purchase price to the consumer
- Providing a voucher for the customer to purchase a similar product
The sufficiency of the remedy offered can also be a circumstance relevant to deciding how reasonable a manufacturer’s actions are. The more satisfied affected customers are, the more responsible and reasonable the manufacturer appears. However, a manufacturer might not appear as reasonable if it leaves the customer to deal with a defective or less-valuable product.
The Totality of Circumstances Matter
No single factor relating to the issuance of a recall notice is determinative. Just because an involuntary recall is issued does not guarantee injury victims will receive compensation. Similarly, a manufacturer can issue a voluntary recall and still be found liable for damages. Together, these facts underscore the necessity of having an experienced and knowledgeable Florida product liability lawyer examine your case.
When you or a loved one has been hurt because of a consumer product, all of the facts surrounding the incident matter. In addition to the type and timing of the recall, the following are also relevant:
- The nature of the product’s defect
- Any warning labels or instructions that accompanied the product
- Internal memos or evidence showing how and when the manufacturer became aware of the danger
- Other relevant facts
A skilled product liability lawyer will have the knowledge and resources to explore these and other circumstances of your case. They can then give you a more definitive analysis of your legal rights and options.
Contact Schrier Law Group for Assistance With Your Defective Products
If you or a loved one has been injured in an accident by a consumer product and you are unsure what to do, contact your Florida product liability lawyer at Schrier Law Group. Our experienced team of personal injury attorneys will help you take appropriate action to safeguard your legal rights and get the justice you deserve with your claims or with your lawsuit.
