What to Do If a Product You’re Using Is Being Recalled 

 October 27, 2014

By  LMW Attorneys

It is the responsibility of both manufacturers and the government to ensure that the products we use are safe. Unfortunately, it is not uncommon for products that are dangerous or defective to find their way to consumers’ shelves. These products endanger the public and can cause serious bodily injuries. Learn the facts on product recall so you know what to do if a product you use has been deemed unsafe.

What Is a Product Recall?

A product recall is the process of a company retrieving goods from consumers after those goods have been proven defective or dangerous. Recalls can happen for any type of goods, from automobiles to children’s toys. Any product that is seen as a danger to the consumer, due to manufacturer error, can be recalled.

What Happens When a Product is Recalled?

Initial Recall

There are two groups that can recall a product: the government or the manufacturer.

  • Government Recalls: If a government agency finds a defect with a product, they will contact the manufacturer and ask them to recall the product. The companies do not have to comply unless the product is infant formula. If the manufacturers do not follow the government agency’s request, then they will often be taken to court, where they may be forced to order a recall.
  • Manufacturer Recalls: Other times, the companies themselves will discover an issue with their product and decide to issue a recall. The manufacturer will reach out to the government in order to issue the recall.

In either case, both the government and the manufacturer will reach out to the consumers to inform them of a recall. For a current list of recalls, visit recalls.gov.

What Should be Done With an Item That Has Been Recalled?

Once a product you own is recalled, don’t panic! The manufacturer will contact the public, and send out detailed instructions on what to do with the recalled product. You should, however, immediately stop using the recalled product. If the item recalled is food, do not open or eat the food. You will do one of two things with the recalled product:

  • Properly dispose of it
  • Return it to the retail store where it was bought

The manufacturer will either issue a refund or replace the recalled item.

Can You Sue After a Recall?

Product liability laws mean that a company or manufacturer is responsible for the product they sell. If someone is injured due to a defective or dangerous product, then they can sue the manufacturer for medical bills, loss of wages and psychological trauma.

However, just because a product is recalled does not mean that you have a case against the manufacturer. Rather, a product recall can help strengthen your case against a manufacturer if you were injured due to the defective product.

If you have been injured due to an item proven to be dangerous, contact the attorneys at LMW today. It can be intimidating when a single individual is going up against a large company. LMW defends the rights of the injured, and will get you the compensation you deserve.