When we purchase a product, we assume it will work as expected without major malfunctions. Unfortunately, this isn’t always the case. A significant flaw in the product can cause injury, leading to the company’s issue of a recall.
But does that exempt the company from liability if someone is injured, or even worse, killed, because of their product?
The recall process
The first step in recalling a dangerous product is identifying the problem. This can happen through consumer complaints, internal quality checks or notifications from regulatory agencies. The company must assess the risk associated with the defect, such as the potential harm to consumers and the severity of the issue. They will then decide on whether a recall is necessary.
If the company determines a recall is necessary, it must inform the relevant regulatory authorities, such as the Consumer Product Safety Commission (CPSC) or the Food and Drug Administration (FDA), depending on the product category. Communicating the recall to the public is vital. The company will use multiple channels, such as:
- Press releases
- Social media
- Emails
- Direct mail
The communication should include a description of the problem, what consumers need to do with the product and how they will remedy the situation, such as a refund or replacement.
However, a recall doesn’t automatically exempt a company from liability. They can be held responsible for any harm to consumers that occurred before the recall.
Additionally, recalls can sometimes lead to class action lawsuits, which can be costly and time-consuming. Furthermore, the company may still be held liable for damages even if they have initiated a recall.
If you have suffered injury from a defective product, it’s vital that you discuss your situation with someone who can review your case and determine if you should receive compensation for medical expenses and lost wages.