Recalls of dangerous products are issued either by the manufacturer, a federal agency such as the Food and Drug Administration (FDA), or both. Recalls should be in writing. However, the issuing organization may also announce a recall through commercials, company websites, agency websites, and online communications.

Recalls should properly identify the product and what steps owners should take. These steps may include replacing the product, repairing the product, or being reimbursed for the product. The owners of the product should have detailed information on what the defect is and what the dangers are. The recall notice should include purchasers, retailers, and distributors.

What types of products are subject to recalls

Our Sevierville product liability lawyers handle all types of product liability claims, including the following:

Vehicle defects

Generally, the National Highway Safety Administration (NHTSA) provides recall notices for cars, trucks, and other vehicles. Recalls by the NHTSA are usually based on customer complaints, any current lawsuits, any reports of serious injuries or fatalities, and the NHTSA’s investigation of a vehicle or vehicle part. A few notable recalls involve airbags, brakes, ignition systems, fuel lines, accelerators, steering mechanisms, and windshield wipers. The car manufacturers and other manufacturers may provide a recall notice on their own or may be directed by the NHTSA to provide a recall notice.

Defective drugs and medical devices

Generally, the Food and Drug Administration (FDA) provides recall notices for medications used by patients, doctors, hospitals, pharmacies, and other healthcare entities. The FDA can also recall medical devices. Recent examples include vaginal mesh implants, hip implants, and pacemakers.  Like the NHTSA, the FDA recalls products based on current complaints, litigation, and investigations. Drug and medical device manufacturers have a duty to provide recall notices based on their own studies or at the direction of the FDA.

Defective food

The FDA and food manufacturers may also provide recall notices to consumers, restaurants, hotels, grocery stores, and any place that grows, produces, handles, or sells the specific food that is subject to the recall. Contaminated food can cause salmonella, other serious diseases, and death. The US Department of Agriculture (USDA) may also issue food recalls.

Defective cosmetics

The FDA issues recalls for defective cosmetics, such as cosmetics that contain toxic substances.

Consumer products

Generally, the US Consumer Product Safety Commission (CPSC) conducts recall investigations and issues recalls for a wide range of consumer products, including:

• Children’s toys, bicycles, sleepwear, strollers, and many other children’s products
• Electronic products, including appliances, heaters, chargers, and any product that runs on electricity
• Furniture that may tip over easily, cause cuts and bruises, or be dangerous for other reasons
• Various tools and equipment
• Many other consumer products

Why are products defective?

The product liability laws of Tennessee provide that manufacturers, distributors, and sellers of products are strictly liable for any injuries or deaths their defective products cause.  Generally, there is no need to prove that the manufacturer or others in the supply chain were negligent. You likely have a strict liability claim if you can establish that the product you used was defective and the defect caused you harm or took the life of your loved one.

There are several types of product defects. These include:

• Defective design. Normally, a product design or product safety expert will review the drawings, documents, blueprints, software models, and test plans to show that the product that injured you was defective at the time of the accident due to a defective design.
• Defective manufacture. Products may be defectively manufactured if the manufacturer fails to build the property according to a quality design, fails to comply with any governmental regulations, uses substandard parts, or does not build it according to industry standards.
• Defective instructions. A common example is when a manufacturer fails to warn a consumer of any known dangers, such as when a drug manufacturer fails to warn pharmacies, doctors, and patients about a drug that they should not combine with other drugs. Other common warnings that manufacturers should include are warnings for pregnant women, choking hazards, the risk of a fire, and other dangers.

You can also file a personal injury claim if you can show the manufacturer breached any warranties that they provided or that the manufacturer was negligent.

How does a recall affect your product liability claim?

You can only file a product liability claim if you have an injury or a loved one dies due to a defective product. You cannot file a product liability claim just because you’re worried about what will happen to you. Claims for damages where there is no injury may lead to a class action lawsuit.

The recall can affect your product liability claim in two basic ways.

1)    You do not learn of the recall until after you’ve had an accident

In a product liability claim, you need to show that the product you used (car, appliance, drug, etc.) was defective.

• One way our Sevierville lawyers do that is by hiring a product safety expert who can explain why your particular product was defective. This requires thorough analysis to verify the defect existed and that the defect caused your injuries.
• Another way of proving a product defect is through an agency or manufacturer recall. Essentially, we work to use the agency’s research and conclusions and/or the admission of the manufacturer that the product, as established by the recall, was defective and caused you harm. We understand how this process works and what evidence can be presented in court.

2)    You know of the defect through the recall notice

You should read the recall notice and follow through with the recommendations. You should do this for two reasons. The first is that it’s always best not to have an accident. Having the manufacturer make the necessary repairs or replacements or obtaining money for the value of your product (in return for giving the product back to the manufacturer or disposing of it) is better than suffering any harm.

The second is that your failure to follow through with the recall notice requirements could affect your claim. If you have actual notice that the airbags in your brand of vehicle are defective and you suffer injuries in a crash due to the defective airbag, the manufacturer will claim that you assumed the risk of any injuries because you knew of the defect and failed to take appropriate action.

The issue becomes more complex if a recall is issued, but you never learned of the recall. If the manufacturer didn’t take the proper steps to notify you, you may still have a valid product liability claim.

If you were hurt while using any product, even if you were not the purchaser, you may have a product liability claim. Delius & McKenzie, PLLC lawyers, have the experience and working relationship with product safety experts to collect on your product liability claim. To assert your right to compensation for your financial and personal damages due to a product that has been recalled, call us or fill out our contact form to schedule a free consultation today. We represent injury victims and families throughout Sevierville, Seymour, Gatlinburg, and Pigeon Forge. We handle product liability claims on a contingency fee basis.