What Are Your Rights When You’ve Been Injured By A Defective Product?
Brian O Sutter
Recalls
Government agencies and manufacturers often recall products or in the case of autos repair them free of charge to protect the consumer. But, unsafe or faulty products can result in preventable injuries and death. An example of this is the recent headlines in the news about manufacturers of talcum powder such as Johnson & Johnson have known for over 40 years that their product is directly linked to ovarian cancer and mesothelioma. These include such well known brands such as Johnson’s baby powder, Shower to Shower, and Baby Magic Baby Powder.What Is Considered a Defective Product or Recall Lawsuit In Florida
A defective product or recall lawsuit is a defective product that resulted in personal injury or wrongful death, if the product had been used as intended the way a reasonable person would, keeping in mind the warnings and labels. You can file a personal injury lawsuit against the manufacturer of the product for negligence, breach of warranty, strict liability or failure to warn. To do so however, you need to provide direct evidence of the product being defective. What most people do not understand is that the federal government cannot recall products. Different agencies cover different products. The following agencies can only encourage the company to issue a recall. They can take legal steps if they are unsuccessful and the manufacturer chooses to ignore their suggestions, but that process takes years. The federal agencies that monitor products for recalls include:
● The Food and Drug Administration (FDA): Medical and food
● U.S Department of Agriculture Food and Safety Inspection (USDA-FSIS): Meat and poultry.
● Consumer Product Safety Commission (CPSC): Consumer products
● The National Highway Traffic Safety Administration (NHTSA): Auto industry
Each of these federal agencies also have websites listing all products that have been recalled or are urged to be recalled, so you can check to see if any apply to you.
Proving Fault in a Recall Lawsuit.
Since defective product or recall lawsuits fall under personal injury lawsuits in Florida, you the injured person (plaintiff) must prove four elements:
• Defectively Designed: The product was designed poorly and as a result, put the consumer at risk of injury or death.
• Defectively Manufactured: A problem with the manufacturing process in general or even just that particular lot of product. This can also be a label with no warning about the risk of this type of injury that you sustained was possible.
• Failure To Warn Consumers: If the manufacturer knew or should have known ( for example the talcum powder companies) and still failed to warn consumers about the dangers of their product.
• Proximate Cause: Simply stated this means the use of the product was used as intended and recommended, yet caused your injury.
Damages Paid When You Settle a Product Liability Case.
Similar to other personal injury lawsuits there are several items you can be compensated for. These include:
● Lost wages
● Future wages (if you are permanently disabled)
● Medical bills, including future bills and medical treatment
● Pain and suffering
● Mental anguish (depression, anxiety, PTSD, insomnia, etc)
If you have been injured by a defective product or one that has been recalled, yet you used it as directed, you may have a personal injury case. The best way to determine if you have a case that can help you with your medical bills or pain and suffering is to contact the law office of All Injuries law firm. Recognized throughout Port Charlotte, Ft Myers, Sarasota and communities throughout Southwest Florida, we specialize in personal injury cases and are experts representing our clients in product recall injury lawsuits. Contact us today for a free consultation at 1-941-625-HURT and see how we can help you.