We’ve all heard about product recalls. Whether a drop-side crib, a runaway automobile, or a line of children’s jewelry, a product recall requires the problematic items be returned to the manufacturer so the consumer can be compensated. Generally a recall follows the discovery of some safety issue such as children becoming entrapped in cribs where hardware has failed, or food recalled from the market after making consumers sick.
Recalls not only limit the danger from the defective product, but they limit the liability to the corporation. The corporation may suffer some short term bad publicity, and recalls are costly, but that is preferable to the sort of publicity that accompanies a death resulting from the recalled and dangerous product.
The manufacturer must regain the trust of the consumer following a recall.
Recalls are initiated voluntarily or in cooperation with federal agencies such as the Consumer Product Safety Commission for consumer products, the National Highway Traffic Safety Administration for vehicles, or the Food and Drug Administration for pharmaceuticals.
Some recent recalls include:
- Toyota automobiles
- Shrek Painted Drinking Glasses
- Children’s trinkets made in China
- Medical devices
- Children’s furniture
- Drywall made in China
- Pet foods
- Special industrial tools, dyes, and products
- Children’s cold medications
- Birth Control Patch
To issue a recall, the manufacturer must tell the authorities they’ve received complaints. The company must determine the serial numbers or lot numbers that are affected. The company will set up a consumer hotline or have staffers ready to take calls.
Recalls are conducted in cooperation with federal agencies at the present time, though the Food and Drug Administration is seeking more muscle when it comes to forcing recalls on reluctant companies.
Announcements are made, generally through the mainstream media including broadcast and print.
The consumer then returns the item for a replacement or a full refund.
When you think about the number of items that make it to consumers every year, a small percentage are recalled. Often consumer advocacy groups are most helpful in making sure the public is protected and informed.
Jacksonville FL Product Recall Attorneys Protecting Consumers Throughout Florida
Tort laws guide manufacturers and designers of the defective product on the proper response in the event of a recall. The consumer may file a complaint against the inventor of the defective product or the manufacturer for making an unsafe product that caused an injury. Civil lawsuits can be brought when a consumer is damaged, injured or killed by a defective product, whether done deliberately or negligently. The victim must show the manufacturer owed a duty to the consumer and failed to deliver.
Because of the layers of complexity to these cases, such as whether you try them as an individual or in a class, you would be well advised to contact a Jacksonville product liability attorney to help structure your case. Call Farah & Farah at 855-797-9899 to discuss how to protect your rights.