How Does a Product Recall Affect My Personal Injury Claim?

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If you are suing over a defective item, will a product recall end up affecting your personal injury claim? A recall could have effects on your case, but they may not be as major as you would think. A Prince George’s County personal injury attorney can help you use the recall to your advantage or make your case without it.

Does a Product Recall Prove My Case For Me?

It might surprise you to learn that a product recall does not serve as all of the evidence that you need. Even if you are suing over the same product that just got recalled, you still need to prove that the particular product that you used was defective and that it caused you harm. In some cases, you might not even be able to use the product recall news as evidence! If you are going through a jury trial, a judge could think that news of a recall would unfairly bias the jury against the defendant.

What Evidence Do I Need in Addition to a Product Recall?

So how do you make your product liability case if a product recall does not solve your problem for you? You must show a few things to have a successful product liability claim. You need to show that:

  • The product has a defect
  • You used the product for its intended purpose
  • You suffered injuries while using the product
  • The product defect and your injuries are directly connected

You need to show these things whether a product recall happens or not. You can use witness testimony, surveillance footage, testimony from experts, or anything else that we can find to support your case.

If a Product is Recalled, Does That Make a Manufacturer Immune From Lawsuits?

It does not. In some cases, a manufacturer does not make enough of an effort to reach out to customers who could have been affected. If you were not notified of a recall, how could you act to protect yourself? A manufacturer could also be liable if a product recall was recommended and they did not take action.

This case is also about a specific product, the defective product that harmed you. Taking an effort to get similar products off of the market does not necessarily mean that they cannot be held negligent.

What Kind of Compensation Can I Win After Making a Personal Injury Claim?

In a case like this, you should be awarded economic and non-economic damages. Economic damages help you with the actual costs of the accident, like medical bills and lost wages. Non-economic damages are meant to reimburse you for the trauma you experienced, like loss of enjoyment and pain and suffering.

Contact Our Legal Team

Proving the negligence of a product manufacturer on your own can be tough. If you plan to pursue damages in a product liability case, contact McCarthy, Winkelman & Mester, L.L.P. and schedule a free consultation. We are ready to help you fight for the compensation that you deserve.


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