Most people assume the products available on store shelves are safe, but product recalls are very common, typically occurring after a product causes multiple injuries or illnesses in the same way to many people who used the product appropriately and according to directions. What happens when someone suffers an injury from a product they lawfully purchased and used as directed? Many injury victims who learn of a product recall too late and sustain an injury from the product wonder if they may still file a compensation claim or lawsuit after a recall. Fortunately, the answer is yes. Manufacturers and retailers know that not every consumer learns of a product recall in time to prevent an injury. Under the strict liability laws for manufacturers, an injury victim may file a lawsuit to recover damages like medical expenses, lost income, and compensation for pain and suffering.
What to Do After a Product Injury
If you’ve been injured by a defective product, it’s important to take purposeful actions to protect yourself. After the injury, do the following:
- First, call 911 for a severe injury or arrange transportation to an emergency room for a less severe injury
- Then, while you wait for transportation to a hospital, take photos of the defective product and any visible injury
- Save the product in a plastic bag
- Save the product receipt if you still have it
At the hospital, undergo medical treatment and a thorough evaluation. Ask for a detailed medical report of your injury, treatment recommendation, and your prognosis for recovery. Then, hire a personal injury attorney with a track record of success in defective product claims.
How to Check for a Product Recall After an Injury
To learn if there’s been a recall on a defective product that caused you or a loved one an injury, check the Consumer Product Safety Commission website through their convenient search tool. The website has information about all products under recall notices in the United States. It also offers critical information about how to reach out to the manufacturer about replacing or repairing the defective product.
Manufacturer and Retailer Liability After an Injury From a Recalled Product
Information about product recalls does not reach all consumers, sometimes resulting in further injuries even after the manufacturer learns of a serious safety hazard due to a design defect, manufacturing defect, or marketing defect—such as inadequate safety instructions—and issues a recall. Under the strict liability law for manufacturers, the manufacturer and/or the retailer must provide compensation for injuries caused by a product they manufactured and sold if it caused an injury with damages.
When a company has already issued a recall, they may dispute a consumer’s injury claim on the basis that they should have known about the recall notice. Fortunately, it’s rarely provable in court that an injury victim knew about a recall even if the recall notice was in the news or sent to them by the manufacturer or retailer. For a successful lawsuit, an injury victim or their product liability lawyer in St. Louis must prove that they didn’t know about the recall at the time they used the product and suffered an injury.
Hiring an experienced St. Louis personal injury lawyer can help an injury victim meet their burden of proving liability after a defective product injury.