A product recall is usually issued by a manufacturer informing customers that one or multiple products is unsafe as a result of a defect and can potentially cause death or serious injury to a consumer. A product recall can occur as a result of testing by a manufacturer or as a result of prior incidents involving an injured consumer and their product. Commonly, product recalls can be issued in conjunction with a government agency, such as the Consumer Product Safety Commission (CPSC) or the Food and Drug Administration (FDA).
Can you file a product liability lawsuit?
If an incident occurs, due to a defective product that results in injuries to a person or damage to property, a person may be able to pursue a product liability claim. To be successful with a product liability claim in New York State, a person must prove the following elements:
- An injury or loss occurred;
- The product was defective, due to a manufacturing defect or error, design defect, or the manufacturer failed to provide the consumer with an adequate warning;
- The defective product ultimately caused the injury; and
- The product was used in accordance with its intended use.
What can you recover in a product liability lawsuit?
A person injured as a result of a defective product may recover compensation for the following:
- Reimbursement for the product;
- Medical expenses;
- Rehabilitation costs;
- Long-term care costs;
- Pain and suffering;
- Loss of consortium; among others.
While product defects are unintentional, they can often lead to serious injuries to a consumer. If you have been injured by a defective product, it is of the utmost importance to contact a reputable personal injury attorney. The attorneys at Levine & Slavit, PLLC represented clients in personal injury matters related to dangerous or malfunctioning products and will work to get you the compensation you deserve. Contact (888) LAW-8088 for a consultation today.