When a product causes harm because of a defect or malfunction, it can be a difficult and stressful experience for everyone involved. If you’re injured by a product, understanding how a product recall can affect your personal injury case is improtant.
In this blog, we will delve into the ways a product recall can support your personal injury claim. Law firms and attorneys with the knowledge and experience handling these types of personal injury cases are invaluable during this process.
Understanding Product Recalls
Product recalls occur when a manufacturer or government agency determines that a product poses a significant consumer risk. This action aims to remove potentially harmful items from the market, safeguarding public health. Recalls can stem from various issues. Some of those issues are design flaws, manufacturing errors, or inadequate safety warnings.
For example, imagine a batch of defective airbags installed in several different car models. If these airbags malfunction and for instance fail to deploy in an accident, thus causing severe injuries, the manufacturer might issue a recall to prevent further harm to drivers.
How a Product Recall Can Impact Your Personal Injury Case
There are a lot of ways that a product recall can affect your personal injury claim. Let’s take a look at a few of those ways.
Establishes Liability
One of the most challenging aspects of a personal injury case is proving liability. A product recall can significantly bolster your position by demonstrating that the manufacturer is on noticed of a defect and has acknowledged it poses a problem to consumers. This acknowledgment can serve as compelling evidence, strengthening your claim that the product was inherently unsafe.
Demonstrates Negligence
Proving negligence is essential in almost all personal injury cases. A recall can help show that the manufacturer was aware of the product’s dangers but failed to act promptly. If the recall happened after your injury, it could show that the company neglected to take timely action to protect consumers, further supporting your case.
Strengthens Causation
Causation links your injury directly to the defective product. With a product recall, you have documented evidence that the product was faulty. This documentation can make proving that the defect directly caused your injury easier, eliminating alternative explanations and strengthening your case.
Enhances Credibility
A recall can enhance the credibility of your personal injury claim. When a recognized authority, like a government agency or the manufacturer, validates the product’s defect, your claim gains additional weight. With this added credibility, it can be persuasive in negotiations and in court if necessary.
The Role of Injury Lawyers in Product Recall Cases
Personal injury lawyers are the best tools when it comes to dealing with product recall cases. They have the expertise to deal with these types of claims and can help guide you through the process.
Experience in Product Liability Cases
Injury lawyers with experience in product liability cases have the knowledge and experience to navigate the complexities these cases present. They understand the nuances of proving defects, establishing liability, and demonstrating negligence. Their knowledge and experience is crucial in building a solid case leveraging a product recall to your advantage.
Investigating the Recall
Personal injury attorneys will thoroughly investigate the recall, examining the reasons behind the recall and the actions taken by the manufacturer. They will gather essential documents, such as recall notices, safety reports, and internal communications, to create a compelling case. With this comprehensive approach, it ensures no detail is overlooked.
Gathering Evidence
An experienced personal injury lawyer will gather all necessary evidence to support your claim. This includes any of your medical records, expert testimonies, and evidence of the defect. They will also analyze the recall documentation to demonstrate how it relates to your injury, creating a strong argument for compensation.
Negotiating with Insurance Companies
Insurance companies often attempt to minimize payouts in personal injury cases. Injury lawyers have the skills to negotiate effectively, ensuring you receive fair compensation. They’ll use the recall as a powerful bargaining tool, highlighting the manufacturer’s acknowledgment of the defect to strengthen your position.
Representing You in Court
If negotiations for your personal injury claim fail, a personal injury lawyer will represent you in court. They will present a well-prepared case, using the recall to illustrate the product’s defective nature and the manufacturer’s responsibility. By putting their negotiating skills and expertise to work in court, they will fight to get you the compensation you deserve for any injuries or losses.
Steps to Take if You’ve Been Injured by a Recalled Product
If you happen to be a victim of a defective product, there are certain steps you will want to take to ensure you get the compensation you need and deserve. Here’s an overview of the steps you’ll want to take.
Seek Medical Attention
Your health should always be your top priority. Seek immediate medical attention for your injuries, even if they seem minor. A medical evaluation ensures your injuries are documented, which is essential for your personal injury claim.
Preserve Evidence
Preserve the defective product and any related materials, such as packaging or instructions. Take photographs of your injuries and the product to document its condition. This evidence can be crucial in proving your case.
Report the Injury
Report your injury to the manufacturer and the appropriate government agency, such as the Consumer Product Safety Commission (CPSC). Filing a report not only helps document your case but also contributes to public safety by alerting authorities to the defect.
Speak With a Personal Injury Attorney
Consulting a personal injury attorney as soon as possible is imperative. They will guide you through the legal process, ensuring your rights are protected and your case is handled efficiently. Their expertise in product liability cases is invaluable in pursuing compensation.
Case Examples Where Recalls Aided Personal Injury Claims
The Takata Airbag Recall
The Takata airbag recall is one of the largest and most notable product recalls in history. These airbags, installed in millions of vehicles, were found to explosively deploy, causing severe injuries and fatalities.
The recall significantly aided personal injury claims by providing undeniable proof of the defect. Injury lawyers leveraged this evidence to secure substantial settlements and compensation for affected individuals.
The DePuy Hip Implant Recall
The DePuy hip implant recall involved defective medical devices that caused severe complications for patients. The recall helped personal injury lawyers establish the link between the defective implants and the injuries suffered by patients. As a result, numerous plaintiffs received compensation for their medical expenses, pain, and suffering.
Consult a Personal Injury Attorney
A product recall can be pivotal in a personal injury case, providing crucial evidence to support your claim. It can help establish liability, demonstrate negligence, strengthen causation, and enhance the credibility of your injury.
Injury lawyers, with experience handling product liability cases, are a must when handling these complex cases. They will investigate the recall, gather evidence, negotiate with insurance companies, and represent you in court to ensure you receive the compensation you deserve.
If you’ve been injured by a recalled product, take immediate action. Be sure to seek medical attention, preserve evidence, report the injury, and consult a personal injury attorney.
By doing so, you can protect your rights and improve your chances of a successful outcome. Remember, experienced and award winning personal injury law firms like Perkins & Perkins are there to help you through this challenging process, ensuring you have the best possible chance of obtaining justice and compensation for your injuries.
