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What to Do if Your Product Is Recalled

October 22, 2023Product Liability

As a consumer, if any one of the thousands of items and products that you interact with on a daily basis contains a defect, your safety and health could be in jeopardy. Product manufacturers have a legal responsibility to ensure the reasonable safety of their products. If you own a product that has been recalled, find out what to do to protect yourself from as much harm as possible.

What Is a Product Recall?

A product recall is a publicized request from a manufacturer or consumer safety organization to return or exchange a product after a discovery has been made regarding safety issues or defects with the product that may endanger lives. The product manufacturer may have discovered an issue in the design or production of the item that presents an injury risk, resulting in a voluntary recall. In other cases, product defects are not discovered until consumers encounter problems – and potential injuries – and file complaints. This could lead to a compulsory recall.

How Do You Know if a Product Has Been Recalled?

Federal safety organizations, such as the U.S. Food and Drug Administration and the Consumer Product Safety Commission (CPSC) have rules in place regarding the recall of dangerous and defective products. Recall notices must be sent in the form of written notifications to all known purchasers and owners of the item. In addition, press releases and other public notices must be made about certain recalls. If you wish to find out whether a product that you own is part of a recall, you can search for recalls on CPSC’s website.

How to Handle a Product Recall

Upon receiving notice that your product has been recalled for a defect or potential safety issue, discontinue the use of the item immediately to help prevent injury. Keep a copy of the recall notice for your records. You should also keep the item, its original packaging and your purchase receipt. Read the notice carefully for the manufacturer’s safety and remedy recommendations. Common resolutions offered include: 

  • Replacement of the recalled product with a comparable item.
  • Repair of the item at no cost to the owner.
  • Refund for the original cost of the item.

You have a legal right to be informed about a product recall in a timely manner, as well as to be offered a remedy that solves the issue. In most cases, manufacturing companies determine recall remedies themselves. However, if a product recall is required by the government, a federal safety agency may have the right to decide what resolutions are offered.

What to Do if You Were Injured By a Recalled or Defective Product

If you receive a recall notice too late and have already been injured by a defective or dangerous product in Denver, you may have the right to file a product liability claim against the manufacturing company or distributor of the item. This is a type of civil lawsuit that seeks financial compensation to make an injured accident victim whole again. It can be brought against one or multiple parties who are responsible for ensuring the safety of the consumer product.

A successful product liability claim in Colorado could reimburse you for losses such as your required medical bills, lost wages, property damage, and pain and suffering. If the strict liability law applies to your defective product case, you will not need to prove negligence. Other potential legal grounds for a product liability claim are negligence and breach of warranty. Discuss your recent accident and injury with a Denver product liability attorney at Dormer Harpring, LLC to find out if you have a case. Request a free case consultation in Denver today.