Williams, Walsh & O'Connor, LLC

A recall doesn't stop you from suing for products liability

Oftentimes, when a product is shown to be dangerous or defective, a manufacturer or designer will decide to voluntarily remove it from distribution so that necessary modifications can be made. These recalls can be costly and don't often occur until some time after product-related injuries or deaths have already been reported to them.

While there's a tried and true method in place for reaching out to automobile owners with recall notices through the mail, there's no guarantee a notice will get to the right person early enough. There's also no fail-safe way to ensure that a repair will be made quickly so a catastrophic event does not occur.

In the case of other recalled products, while those who register their ownership of products with a manufacturer may receive notifications of safety flaws a product has, it's not guaranteed.

Many times, some of the only ways consumers find out about recalls is through stories in the news media or by noticing recall signs at the front of a store. More people may be injured the more time that passes that they don't hear that the product has been removed from store shelves.

This brings many to the question of whether a manufacturer, designer or distributor of a product can be sued for damages caused by a dangerous or defective product even after it's been publicly recalled. The answer is a resounding yes.

In assessing whether you have a valid products liability claim, an attorney will first look at what type of defect the product had. Design defects can cause a car or a product to be more prone to failure. Flaws that occur when it's being fabricated that render something unsafe are considered manufacturing defects.

Advertisers or marketers can also be held liable for damages in a products liability case in which the item in question did not have the proper warning labels affixed to it warning of the potential harm it could cause.

If you've been hurt by a toy, car, medication or something else you've purchased, then a New Haven attorney can advise you of whether you have a valid claim worthy of filing a lawsuit in your case.

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