Many consumers believe that if a product is recalled, the manufacturer will admit there was a defect that was responsible for causing an individual’s injuries. This often isn’t the case as a product liability lawyer knows all too well, and companies will fight lawsuits with the full resources available to them. A recall is just one piece of evidence and doesn’t serve as an automatic “win button” for a lawsuit.
Millions of Americans are impacted by recalls each year, and to stand the best chance at securing a favorable outcome, affected parties need to be prepared and receive the assistance of experienced attorneys.
What A Recall Actually Does for Your Case
- Recalls can be initiated voluntarily by a manufacturer or mandated following an investigation by a regulatory body.
- In many instances, an attorney can use a Freedom of Information Act (FOIA) request to obtain information recovered by such a regulatory body to help support a potential case.
- Attorneys will also demand internal documents as part of written discovery to uncover information about the manufacturer’s design, testing, and any knowledge of the defect.
In short, a recall opens doors to obtaining previous complaints and internal documents, potentially helping establish that a manufacturer knew about a danger and failed to act.
State law can play a role in recalls and legal proceedings as well. For instance, in Indiana, product recalls, including for vehicles, fall under the Indiana Product Liability Act as our friend Stephenson Rife LLP can share. To win a case, a plaintiff must prove that a defect existed, the manufacturer knew about it, and the defect caused a specific injury. A recall alone doesn’t prove causation of a specific injury.
The Timing Of The Recall
A recall can occur either before or after an injury occurs, but neither order hinders an injured individual’s case. In fact, a recall that takes place after a vehicle crash or a product injury can actually strengthen the injured individual’s position because it reinforces that the defect existed and the manufacturer was forced to acknowledge it.
The Single Most Important Step to Protect Your Rights
Before an injured party does anything else in pursuing a product liability case, they first must secure the evidence. This is non-negotiable because:
- Without a physical product, nothing can be tested or measured by experts to assess its condition and what led to an injury.
- A manufacturer’s team will know the product extremely well, so the plaintiff’s team must have access to the specific unit to be able to illustrate to a jury how it was defective.
- Proving a product liability case without the alleged faulty product is nearly impossible, meaning that a case would be lost or simply not pursued, removing any potential for compensation.
An injured party should collect all components of a product and place them in a secure container. This would include any accessories as well as any broken elements as any of them could ultimately play a role in a case. Keep this container in a safe location and do not continue to handle the product or attempt to fix it. Professionals as part of your legal team will be able to take over at the appropriate time. The same steps should be taken, within reason, for large products such as vehicles as well.
It’s also worth noting that most civil cases do not reach the trial stage, as roughly 95% are resolved and settled during litigation or mediation. Even so, an injured party and their legal representatives should always prepare as though a trial will be required, as this will allow them to create the strongest case possible.
Let Product Liability Attorneys Help
Anyone affected by a faulty product, whether it has been recalled or not, should work with a reputable legal practice to determine the best path forward. With the evidence in hand and the support of experienced attorneys and their experts, injured individuals will have a much greater chance of securing a favorable outcome. Contact a lawyer near you for help today.