With the recent deluge of product recalls, it is difficult for consumers to stay abreast of the ever-expanding list of dangerous merchandise. During the month of July 2010 alone, the U.S. Consumer Product Safety Commission (CPSC) announced recalls for more than 20 products. According to The Detroit News, automakers have recalled over 10 million vehicles in the first six months of 2010.
From two million drop-side cribs that pose strangulation risks to 12 million collectible glasses with movie-character designs that contain cadmium, there are millions of potentially-dangerous products distributed to and recalled from consumers each year. Even if they are able to identify a recalled item in their home, the next step for consumers to take is often unclear.
How to Handle a Product Recall
To make a recalled product safe, some manufacturers provide free repair kits at retailers. Others require purchasers to register their mailing address on a website so they can be mailed "the solution" - such as a postcard directing you to take your vehicle to a nearby dealer. Some recalled products cannot be fixed and must be promptly and properly disposed of, especially when they contain hazardous materials.
To keep your home and loved ones safe, follow these tips on how to handle a recall:
- Check www.recalls.gov or www.cpsc.gov, where you can search for recalled merchandise by the company, hazard, country or area of manufacture, month of recall, or product type, category or description.
- Call the CPSC's toll-free consumer hotline at 1-800-638-2772 to confirm whether your product is on any recall list if you are unsure. If the line is busy, you can leave a message and a CPSC employee will return your call.
- If you do have a recalled item, check with the company to see if a replacement or repair kit is offered or, if necessary, to find out how to properly discard the product. Companies often place notices on their websites about recalled products.
Whether it has been recalled or not, if you are questioning the safety of a product, it is better to err on the side of caution and stop using or replace it. Sometimes, however, consumers do not realize a product is dangerous until they are injured by it.
Product-Liability Claims Against a Manufacturer
People who are injured by or become ill from using a dangerous product possibly can make a legal claim against the supplier of the product. Generally, manufacturers, distributors, retailers and others who make merchandise available to the public can be held responsible for the injuries those products cause through a product-liability lawsuit. Product liability refers to the liability of any or all parties in the chain of distribution for a product that is defective and causes harm to someone.
In North Carolina, product-liability claims must be based on the alleged negligence of a supplier. According to the General Statutes of North Carolina, a buyer who has been injured by a purportedly-dangerous product must prove four essential elements in order to succeed in a product-liability lawsuit:
- First, the buyer must show evidence that a supplier owed consumers a certain standard of care under the circumstances.
- Second, the buyer must prove that the supplier of the product did not meet that standard of care and, therefore, produced a defective and unreasonably-dangerous product.
- Third, the buyer must explain how the supplier's failure to meet that standard of care directly caused injury to the buyer, and that the supplier should have foreseen that an injury might occur.
- Fourth, the buyer must show a loss that resulted from the product-related injury.
Types of Product Defects
A very important part of a product-liability claim is proving that the product is defective. There are three types of product defects:
- Design defects
- Manufacturing defects
- Marketing defects
Design defects are inherent to the product; therefore, all of the items produced are unreasonably dangerous to use due to a design flaw. Manufacturing defects occur when a product is made and are rare abnormalities compared to the same item produced with no manufacturing error. Marketing defects include improper instructions or failures to warn consumers of hidden dangers in the product. Any one of these defects may be sufficient to show a product is unreasonably dangerous to consumers.
How Recalls Affect Product-Liability Claims Against a Manufacturer
Product recalls have an impact on product-liability claims against a manufacturer. In North Carolina, a manufacturer can avoid liability if a consumer used the product after he discovered a defect or unreasonably-dangerous condition of the product. This means that if a recall was issued before a particular consumer was injured by the product, it is possible that the consumer knew of the product's defect or unreasonably-dangerous condition and the manufacturer may not be held responsible for the injury.
Another important concern with recalls and product-liability claims is the statute of limitations, which states the amount of time an injured consumer has to file a product-liability lawsuit. The statute of limitations for a product-liability claim in North Carolina requires that the claim be made within six years from the date of the initial purchase of the product. Without a recall, a consumer may not realize there is a causal connection between an injury or illness and the product. However, if the recall or realization occurs after the six-year statute of limitations period, the consumer may not be able to make a product-liability claim.
There are so many product recalls that is often difficult for consumers to keep track of the recalled items. By taking appropriate steps to respond to a recall, though, hopefully everyone will remain safe. Consumers who are injured by a product should consult with an experienced personal injury attorney in their area to find out whether they can hold the manufacturer responsible and are entitled to any compensation for their injuries.
